Kascsak v. Central Railroad Co. of New Jersey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Kascsak, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 3d day of July, 1908, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term.
1Opinion of the Court
Rich, J.:
Upon a former trial of this, action the plaintiff had judgment, which was reversed by this court upon the ground that the jury had predicated the negligence of the defendant upon its failure to adopt and enforce some rule the enforcement of which would have prevented the accident to the plaintiff, without having any evidence *722before them of the custom of other railroads under like circumstances, or expert evidence of the probable efficiency of the rules, which, it was claimed by the plaintiff, would have prevented his injury. Upon the second trial the evidence was the same as on the…
2Cases cited1 opinion
- Kasosak v. Central Railroad of New JerseyAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Anderson v. McMullenAppellate Division of the Supreme Court of the State of New York · 1911
- Kascsak v. Central RailroadAppellate Division of the Supreme Court of the State of New York · 1911