Spila v. New York Central & Hudson River Railroad

149 A.D. 961 Court N.Y. App. Div. English

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p. 961

Tomassina Spila, as Administratrix, etc., of John Spila, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.

Judgment and order reversed,upon reargument, and new trial granted, costs to abide the event, on the ground that plaintiff was guilty of contributory negligence as matter of law. Jenks, P. J., Thomas, Carr and Rich, JJ., concurred; Woodward, J., dissented.