O'Brien v. New York Central & Hudson River Railroad

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

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p. 928

Frank O’Brien, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.

Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that as matter of law the defendant was not shown guilty of actionable negligence, and that the blowing of the whistle was not shown to be the proximate cause of the accident. All concurred, except Spring and Robson, JJ., who dissented.