Smith v. Buffalo, Rochester & Pittsburg Railway Co.

116 A.D. 922 Court N.Y. App. Div. English

Contents

Majority

p. 922

Earl D. Smith, Respondent, v. Buffalo, Rochester and Pittsburg Railway Company, Appellant.

Judgment and order reversed and new trial ordered, with costs to .the appellant to abide the event, upon the ground that the evidence fails

p. 923

to establish actionable negligence on the part of the defendant. All concurred, except Spring and Kruse, JJ., who dissented.