Enslein v. Hudson & Manhattan R. Co.

• Court: New York Court of Appeals Court of Appeals
• Citation: Enslein v. Hudson & Manhattan R. Co., 180 N.Y.S.2d 299, 5 N.Y.2d 778, 154 N.E.2d 558 (N.Y. 1958)
• Decision Date: 16 October 1958
• Parties: , 154 N.E.2d 558 Meta ENSLEIN, Respondent-Appellant, v. HUDSON & MANHATTAN RAILROAD COMPANY, Appellant-Respondent, the Peelle Company, Defendant-Appellant, and Pennsylvania Railroad Company, Defendant.

Page 299

180 N.Y.S.2d 299

5 N.Y.2d 778, 154 N.E.2d 558

Meta ENSLEIN, Respondent-Appellant, v. HUDSON & MANHATTAN RAILROAD COMPANY, Appellant-Respondent the Peelle Company, Defendant-Appellant, and Pennsylvania Railroad Company, Defendant.

Court of Appeals of New York.

Oct. 16, 1958.

Appeal from Supreme Court, Appellate Division, Second Department, 6 A.D.2d 833, 176 N.Y.S.2d 70.

Passenger, who was injured in fall on escalator at railroad station, and who subsequently fractured her hip in fall in living room of her home, brought action against company, which installed the escalator, first railroad, which owned the station and had leased it to second railroad, and second railroad, to recover for injuries.

The Supreme Court, Trial Term, Kings County, Louis L. Friedman, J., 8 Misc.2d 87, 165 N.Y.S.2d 630, entered judgment in favor of the passenger for $50,000 plus out-of-pocket special damages against company, which installed the escalator, and the second railroad, and they appealed.

The Appellate Division, 6 A.D.2d 833, 176 N.Y.S.2d 70, affirmed the judgment in part and reversed it in part, unless passenger should agree to reduce verdict to $6,000. Beldock, J., dissented.

The passenger, the company, which had installed the escalator, and the second railroad appealed to the Court of...