Colgate v. New York Central & Hudson River Railroad

Majority

p. 908

Susan F. Colgate and Others, as Trustees, etc., of James B. Colgate, Deceased, and, Others, Appellants, Respondents, v. The New York Central and Hudson River Railroad Company, Respondent, Appellant.

Judgment modified sti far as to permit the defendant to enforce subdivision. K of rule .14, on the. ground that there is not sufficient evidence to show that said rule is hot reasonably necessary to insure the safe management of the defendants trains, and as thus modified the judgment is affirmed, without costs.- Jenks,' Gaynor, .Rich and Miller,, JJ., concurred; Hooker, J., voted to affirm without modification.