Hamilton v. Niles Bement-Pond Co.

119 A.D. 920 Court N.Y. App. Div. English

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p. 920

David W. Hamilton, Respondent, v. Niles Bement-Pond Company, Appellant, Impleaded with New York Central and Hudson River Railroad Company.

Judgment and order affirmed, with costs. All concurred, except McLennan, P. J., who dissented on the ground. that the court committed reversible error in refxising to charge .as.requested by defendant’s counsel, that’if the plaintiff knew that .tlie crane was to be moved he could hot recover, -andl Robson, J., not voting.