Schmidt v. Transit Development Co.

169 A.D. 959 Court N.Y. App. Div. English

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p. 959

Elizabeth Schmidt, as Administratrix, etc., of Charles Schmidt, Deceased, Respondent, v. Transit Development Company, Appellant.

Judgment and order reversed and new trial granted, costs to abide the event, on the ground that the evidence did not justify submission to the jury of any question of failure on the part of the employer to make and enforce suitable rules. Jenks, P. J., Carr, Stapleton, Mills and Rich, J J., concurred.