← Cases

Faudington v. Erie Railroad

127 A.D. 928 Court N.Y. App. Div. English

Contents

Majority

p. 928
Emma Faudington, as Administratrix, etc., of James A. Faudington, Deceased, Respondent, v. Erie Railroad Company, Appellant.

Without passing upon the merits of the case until the facts and especially the nature and parts-of the frog and switch shall be sufficiently shown, by oral evidence; or by a suitable drawing or model, the judgment and order are reversed and a new trial ordered, costs $0 abide the-event, for the reason that upon the present evidence the case is not

p. 929
intelligible. Woodward, Jenks, Gaynor and Rich, JJ., concurred; Hooker, J., concurred in result.