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Terhune v. Brooklyn Heights Railroad

151 A.D. 927 Court N.Y. App. Div. English

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p. 927
George W. Terhune, Appellant, v. The Brooklyn Heights Railroad Company, Respondent.

Judgment reversed and new trial granted, costs to abide the event, on the ground that the facts presented required a submission to the jury of the questions of defendant’s negligence and the plaintiff’s freedom from contributory negligence, as questions of fact. Hirschberg, Burr, Thomas, Carr and Woodward, JJ., concurred.