Legal Opinion
Kanaley v. Delaware, Lackawanna & Western Railroad
Court of Appeals for the Second Circuit
Decided November 12, 1959No. 17, Docket 25430PublishedCited by 1 opinion
1Per curiam
Plaintiff, an infant over the age of fourteen years, by his guardian appeals *658from a judgment dismissing the complaint at the close of plaintiff’s case for failure to prove negligence and failure to prove plaintiff free from contributory-negligence. The action originally commenced in the Supreme Court for Oswego County (New York) was removed to the federal court (28 U.S.C.A. §§ 1332, 1441).
There is virtually no dispute as to the material facts. On April 6, 1957, plaintiff, with two friends, was walking along a public highway in the City of Fulton, New York. A freight train, operated by…
2Cases cited14 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
- Camardo v. New York State RailwaysNew York Court of Appeals · 1928
- Mayer v. Temple Properties Inc.New York Court of Appeals · 1954
- Morse v. Buffalo Tank Corp.New York Court of Appeals · 1939
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kanaley v. Delaware, Lackawanna & Western Railroad Co.Court of Appeals for the Second Circuit · 1959