Klein v. Long Island Railroad

154 A.D. 905 Court N.Y. App. Div. English

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p. 905

Elizabeth Klein, as Executrix, etc., of Peter Klein, Deceased, Respondent, v. The Long Island Railroad Company, Appellant.

Headnote

Judgment and order reversed and new trial granted, costs to abide the event, upon the ground that the evidence fails to establish either the negligence of defend

p. 906

ant, or freedom from contributory negligence on the part of plaintiff’s testator.

Jenks, P. J., Burr, Woodward and Rich, JJ., concurred; Hirschberg, J., dissented.