McKernan v. International Railway Co.

171 A.D. 966 Court N.Y. App. Div. English

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p. 966

John T. McKernan, as Administrator, etc., Appellant, v. International Railway Company and Another, Respondents.

Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that the motion for a nonsuit was improperly granted; that the evidence presented questions of fact as to the negligence of the defendants and as to the plaintiff’s intestate’s freedom from contributory negligence. All concurred.