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Powlowski v. New York Central & Hudson River Railroad

167 A.D. 953 Court N.Y. App. Div. English

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Majority

p. 953
Louis Powlowski, by Walenty Powlowski, His Guardian ad Litem, 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 against the weight of evidence upon the question of the defendant’s negligence and the plaintiff’s contributory negligence; that the weight of the evidence supports the claim that the plaintiff attempted to board the train while it was in motion, and that he was injured through his own carelessness. All concurred.