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Kinney v. New York Central & Hudson River Railroad

148 A.D. 900 Court N.Y. App. Div. English

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Majority

p. 900
John W. Kinney, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the verdict is contrary to and against the weight of the evidence. All concurred, McLennan, P. J., and Kruse, J., concurring in result upon the ground that defendant was not shown guilty of actionable negligence nor the plaintiff free from contributory negligence.