Zucker v. Whitridge — 172 A.D. 903

Majority

p. 903

Louise Zucker, as Administratrix, etc., of Simon Zucker, Deceased, Appellant, v. Frederick W. Whitridge, as Receiver of the Third Avenue Railroad Company, Respondent.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 1st day of August, 1914, setting aside a verdict and directing entry of judgment in favor of the defendant, and also from the judgment entered on the 12th day of November, 1915.

We have carefully examined the evidence and find no substantial or material difference between that given upon the present trial and that given upon the former trial, as to which the Court of Appeals said: “A majority of the judges are of the opinion that the decedent, upon the most favorable view of the evidence that can be taken in the interest of the plaintiff, was guilty of contributory negligence as matter of law.” Relying, therefore, upon the opinion above quoted ( 205 N. Y. 50 ), we are constrained to affirm the order and judgment. The order and judgment should be affirmed, with costs. Present—Clarke, P. J., McLaughlin, Laughlin, Scott and Page, JJ. Order and judgment affirmed, with costs.

Cases cited

Zucker v. Whitridge 205 N. Y. 50 N.Y. 1912-03-19 p. 903