Hull v. New York Central & Hudson River Railroad

Majority

p. 888

S. Augusta Hull, as Administratrix, etc., of Edgar G. Hull, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.

Judgment and order affirmed, with costs. All. concurred, except P. and Nash, J., who dissented and voted for reversal on the ground that the testimony of the defendant’s witnesses that the locomotive was subjected to frequent and thorough inspection by competent inspectors is uncontradicted, and that there should have been a dismissal of the complaint upon this ground. (Smith v. N. Y. C. & H. R. R. R. Co., 164 N. Y. 491 ; Biddiscomb v. Cameron, 35 App. Div. 561 ; affd., 161 N. Y. 637 .)

Cases cited

Smith v. New York Central & Hudson River Railroad 164 N. Y. 491 N.Y. 1900-11-20 p. 888
Biddescomb v. Cameron 35 App. Div. 561 N.Y. App. Div. 1898-12-30 p. 888