21 A.D. 25
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1897
Appellate Division of the Supreme Court of the State of New York · decided 1897-10-15
Appeal by the defendant, The Long Island Railroad Company, from a judgment of the Supreme' Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 4th day of March, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of March, 1897, denying the defendant’s motion for a new trial made upon the minutes.
Decided 1897-10-15
¶1I dissent upon the ground that, as the road was uncompleted, and the switch in use was such as was ordinarily in use upon railroads in process of construction, negligence cannot be predicated upon the absence of a target upon the switch, as none was expected or required in the operation of the road in its uncompleted state.
¶2Judgment and order affirmed, with costs.