Legal Opinion
Barnet Shoifet v. New York Central Railroad Company
Court of Appeals for the Second Circuit
Decided March 31, 1959No. 25297_1PublishedCited by 2 opinions
1Opinion of the Court
MEDINA, Circuit Judge.
In this grade-crossing accident case The New York Central Railroad Company’s appeal presents a single question of law, properly raised at the trial by a variety of motions: Was appellee guilty of contributory negligence as a matter of law?
As federal jurisdiction is based on diversity of citizenship, and the accident occurred in New York, the substantive aspects of the case are governed by New York law. See Klaxon Co. v. Stentor Electric Mfg. Co., 1941, 313 U.S. 487, 61 S.Ct. 1020, 85 L.Ed. 1477; Guaranty Trust Co. v. York, 1945, 326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079;…
2Cases cited28 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Gunning v. CooleySupreme Court of the United States · 1930
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
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3Cited by2 opinions
- Technograph Printed Circuits, Ltd. v. Epsco, IncorporatedDistrict Court, E.D. Pennsylvania · 1963
- Hooks v. New York Central RailroadDistrict Court, N.D. New York · 1963