Brant v. Third Avenue Railroad — 126 A.D. 941

Majority

p. 941

Charles E. Brant, Appellant, v. Third Avenue Railroad Company, Respondent.

Headnote

Appeal from a judgment dismissing the complaint at Trial Term.

We think there should be a new trial in this case on the ground that the question as to the defendant’s negligence and the plaintiff’s freedom from contributory negligence should have been presented to the jury. The

p. 942

judgment should be reversed and new trial ordered, with costs to appellant to abide event. Present—-Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event.