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Schaffner v. New York, New Haven & Hartford Railroad

137 A.D. 941 Court N.Y. App. Div. English

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p. 941
Harold R. Schaffner, an Infant, by George Schaffner, his Guardian ad Litem, Respondent, v. The New York, New Haven and Hartford Railroad Company, Appellant.

Headnote

Appeal from a judgment entered in Hew York county clerk’s office on the 23d day of October, 1909, upon a verdict and from an order denying a motion for a new trial.

Judgment and order affirmed, with costs. Ho opinion. Present—Ingraham, P. J., McLaughlin, Laughlin, Miller and Dowling, JJ. Ingraham, P. J., and Miller, J., dissented upon the ground that in their opinion there was no evidence that the plaintiff was free from contributory negligence that would justify the submission of the case to the jury.