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Atchison v. Coney Island & Brooklyn Railroad

138 A.D. 923 Court N.Y. App. Div. English

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p. 923
Alexander G. Atchison, Appellant, v. Coney Island and Brooklyn Railroad Company, Respondent.

Judgment and order reversed and new trial granted, costs to abide the.event, upon the ground that the questions of defendant’s negligence and plaintiff’s freedom from contributory negligence were questions-of fact for the jury. Woodward, Jenks, Burr and Rich, J J., concurred; Carr, J., not voting.