Legal Opinion

Supples v. Canadian National Railway Co.

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

Decided July 2, 1976PublishedCited by 4 opinions

1Opinion of the Court

Judgment unanimously reversed, on the law, and new trial granted, with costs to abide the event. Memorandum: Giving effect to Scurti v City of New York (40 NY2d 433), Basso v Miller (40 NY2d 233) and Barker v Parnossa, Inc. (39 NY2d 926), it is clear that the rule has been evolved that the law is not concerned with the distinction between duties owed trespassers, licensees and invitees but rather with the application of a "standard of reasonable care under the circumstances whereby foreseeability shall be a measure of liability.” (Basso v Miller, supra, p 241.) As was pointed out in Scurti…

2Cases cited3 opinions

  1. Basso v. MillerNew York Court of Appeals · 1976
  2. Scurti v. City of New YorkNew York Court of Appeals · 1976
  3. Barker v. Parnossa, Inc.New York Court of Appeals · 1976

3Cited by4 opinions

  1. Webb v. City and Borough of SitkaAlaska Supreme Court · 1977
  2. Eileen Bailey v. Grand Trunk Lines New England, Canadian National Railway, Midline Division, St. Lawrence RegionCourt of Appeals for the Second Circuit · 1986
  3. Lukasiewicz v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1976
  4. Skelka v. Metropolitan Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1980

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