Kovarik v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alice Kovarik, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Suffolk on the 27th day of November, 1918, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Dissent
Jenks, P. J. (dissenting):
I dissent from the judgment about to be handed down. I think that there was no question for the jury raised by the plaintiff at the close of her case and that she was dismissed properly. When she left the customary way of access to the station, to cut across the defendant’s lands to its station, she admittedly did so to save time. There is no evidence of license or invitation express or implied. She found no way, but made it. She entered the lands as a trespasser and passed along between its rails as a trespasser misdemeanant. (Marra v. New York Central & H. R. R. R.…
2Cases cited12 opinions
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Stevens v. NicholsMassachusetts Supreme Judicial Court · 1892
- Magar v. . HammondNew York Court of Appeals · 1906
- Bancroft v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1867
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