# Zucker v. Whitridge

> Appellate Division of the Supreme Court of the State of New York · March 10, 1911 · 143 A.D. 191

URL: https://www.frixlaw.com/law-library/cases/5219119

## Case

- **Full name:** Louise Zucker, as Administratrix, etc., of Simon Zucker v. Frederick W. Whitridge, as Receiver of the Third Avenue Railroad Company
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** March 10, 1911
- **Citations:** 143 A.D. 191; 128 N.Y.S. 233; 1911 N.Y. App. Div. LEXIS 796
- **Precedential status:** Published
- **Opinion:** Dissent by Laughlin
- **Judges:** Dowling, Laughlin, McLaughlin, Scott
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5219119

## Opinion text

Laughlin, J. (dissenting):
I am of opinion that the evidence required that the case be submitted to the jury, and that it was sufficient to sustain the verdict for the plaintiff; but on the question of freedom from contributory negligence on the part of the decedent, which was a very close one on the evidence, I think that it was prejudicial error to receive evidence tending to show that the decedent customarily exercised care in crossing railroad tracks.
I, therefore, vote for reversal.
Judgment and order affirmed, with costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5219119. Public record. Not legal advice.