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Bettinger v. New York Central & Hudson River Railroad

158 A.D. 952 Court N.Y. App. Div. English

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p. 952
Albert A. Bettinger and Stephen P. Bettinger, Respondents, v. The New York Central and Hudson River Railroad Company, Appellant.

Judgment of Special Term and judgment of Buffalo City Court reversed, and a new trial granted in Buffalo City Court, to be held on the 22d day of October, 1913, at ten A. m., with costs in ah courts to appellant to abide the event. Pleld, that the driver of the wagon was guilty of contributory negligence as matter of law and that his negligence is imputable to the plaintiffs. All concurred.