Legal Opinion · Dissent

New York Cent. & H. R. R. v. Salkaukus

Court of Appeals for the Second Circuit

Decided December 12, 1916No. 39Published

In Error to the District Court of the United States for the Eastern District of New York. Action by Peter Salkaukus against the New York Central & Hudson River Railroad Company. There was a judgment for plaintiff, and defendant brings error.

1DissentHough, Circuit Judge

With the statement of facts contained in the opinion of the court I entirely agree.

The rule of law was stated by this court in New York, etc., R. R. v. Vizvari, 210 Fed. 127, 126 C. C. A. 632, L. R. A. 1915C, 9, that, “where the facts are clearly established and the conclusion to be drawn from the facts is a matter which cannot reasonably be the subject of any doubt,” the question is for the court. The further statement on the same page that it is radically unsound to view as one of law a claim of negligence' on undisputed facts must be regarded as obiter. Thus in *780many litigations it is for…

2Cases cited4 opinions

  1. New York, N. H. & H. R. v. VizvariCourt of Appeals for the Second Circuit · 1913
  2. Lindsay v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1901
  3. Terry v. SchmidtCourt of Appeals for the Second Circuit · 1902
  4. Brown v. HitritzCourt of Appeals for the Second Circuit · 1911

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