Legal Opinion

Duner v. Hudson & Manhattan Railroad

Appellate Division of the Supreme Court of the State of New York

Decided June 5, 1942PublishedCited by 3 opinions

1Per curiam

The evidence shows that there were approximately twenty-eight policemen in and about the defendant’s station. In view of this fact, it cannot be said that defendant was negligent in failing to take the necessary precautions for the safety of its passengers.

The attacks upon the "plaintiffs were sudden. Neither plaintiff asked the police officers on duty in the station for aid nor did either complain to any policemen or to defendant’s employees of injury or of any threats of injury. . While a railroad company is bound to exercise vigilance in maintaining order and guarding its passengers…

2Cases cited3 opinions

  1. Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
  2. Thompson v. Manhattan Railway Co.New York Supreme Court · 1894
  3. Giovagnoni v. MurrayAppellate Division of the Supreme Court of the State of New York · 1941

3Cited by3 opinions

  1. Drew v. Troy Fifth Avenue Bus Co.Appellate Division of the Supreme Court of the State of New York · 1959
  2. German-Bey v. National Railroad Passenger Corp.District Court, S.D. New York · 1982
  3. Goodwin v. City of New YorkCity of New York Municipal Court · 1954

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