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Simkoff v. Lehigh Valley Railroad Co.

118 A.D. 918 Court N.Y. App. Div. English

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p. 918
Leonard Simkoff, an Infant, by William Simkoff, His Guardian ad Litem, Respondent, v. Lehigh Valley Railroad Company, Appellant.

Judgment and order affirmed, with costs. All concurred, except McLennan, P. J., who dissented on "the ground that the finding of the jury that there was an opening between the outside edge of the southerly rail and the sidewalk planking, which was the only negligence submitted to the jury, w'as against the weight of the evidence, and also because of errors of the court in refusing to charge as requested.