Legal Opinion

Levey v. Payne

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 1921PublishedCited by 1 opinion

Appeal by the defendant, John Barton Payne, from that part of an-order of the Supreme Court, made at the New York Special Term and entered-in the office of the clerk of the county of New York on the 28th day of March, 1921, which denies defendant’s motion for judgment on the pleadings on the ground that the complaint did not state a cause of action.

1Opinion of the Court

Merrell, J.:

The action is to recover for personal injuries claimed to have been sustained by the plaintiff on or about July 29, 1919, at or near the Strongtown crossing, so called, in the town of Liberty, Sullivan county, N. Y., solely through the negligence and carelessness of the defendants, their agents and servants, in the management and control of their cars, trains and locomotives upon the defendant railroad. The action was originally brought against Walker D. Hines, Director General *582of the New York, Ontario and Western Railway Company, and the New York, Ontario and Western Railway…

2Cases cited2 opinions

  1. Peterson v. EighmieAppellate Division of the Supreme Court of the State of New York · 1916
  2. Taite v. Boorum & Pease Co.New York Supreme Court · 1902

3Cited by1 opinion

  1. Hodges v. Bewley Truesdale Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1931

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