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Sumner v. New York Central & Hudson River Railroad

169 A.D. 914 Court N.Y. App. Div. English

Contents

Majority

p. 914
David C. Sumner, as Administrator, etc., Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.

Judgment

p. 915
affirmed, with costs. All concurred, except Foote and Merrell, JJ., who dissented, upon the ground that whether plaintiff’s intestate fell while standing beside defendant’s tracks or while about to cross the tracks as a traveler upon the highway, or as an intending passenger, she was in either event guilty of contributory negligence as matter of law.