Meisle v. New York Central & Hudson River Railroad

Majority

p. 939

Nellie Meisle, as Administratrix, etc., Respondent, v. The New York Central and Hudson River Railroad Company, Appellant, Impleaded with Another.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 30th day of December, 1914, upon the verdict of a jury, and also from an order entered on the 29th day of December, 1914, denying a motion for a new trial.

We think there was no evidence to justify the verdict of the jury that the defendant was negligent or that it could have anticipated such an accident as occurred and which resulted in the death of the plaintiff’s intestate. The judgment is, therefore, reversed, with costs, and the complaint dismissed, with costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.; Laughlin, J., dissented and voted for affirmance. Judgment and order reversed, with costs, and complaint dismissed, with costs.