Cruz v. Long Island Rail Road
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEager, J.
The plaintiff in this wrongful death action appeals from a judgment entered upon a dismissal of the complaint by the Trial Judge at the close of the evidence.
The action was brought to recover for the death of a pedes- ■ trian struck by defendant’s engine in the daytime at the Maspeth Avenue railroad crossing in Queens County. There were no eyewitnesses to the striking of the decedent by defendant’s engine and ‘ ‘ the law recognizes that plaintiff will have to establish fault by a showing of various circumstances from which a jury can draw fair and reasonable conclusions.” (Wragge v. Lizza…
2Cases cited9 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Chamberlain v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1924
- Chadwick v. City of New YorkNew York Court of Appeals · 1950
- Kumkumian v. City of New YorkNew York Court of Appeals · 1953
- Klein v. Long Island Rail RoadNew York Court of Appeals · 1952
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Juiditta v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Fuller v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1984
- Carpino v. BakerAppellate Division of the Supreme Court of the State of New York · 1979
- Zellman v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
- McCullough v. United StatesDistrict Court, E.D. New York · 1982
5 more not listed; retrieve them via the Exa API.