Morrison v. Pennsylvania Railroad

145 A.D. 909 Court N.Y. App. Div. English

Judges All concurred,, except McLennan, P. J., and Robson, J., who dissented.

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p. 909

Mary Morrison, as Administratrix, etc., of Charles H. Bace, Deceased, Plaintiff, v. Pennsylvania Railroad Company, Defendant.

Plaintiff’s exceptions sustained and motion for new trial granted, with costs to plaintiff to abide event. Held, that the questions of defendant’s negligence and of intestate’s contributory negligence were questions of fact for the jury.

All concurred,, except McLennan, P. J., and Robson, J., who dissented.