O'Connor v. New York Central & Hudson River Railroad

176 A.D. 882 Court N.Y. App. Div. English

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Majority

p. 882

Catherine O’Connor, as Committee, etc., of Andrew O’Connor, an Incompetent, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.

Order reversed, and verdict unanimously reinstated, with costs. Evidence that a jury would be required to accept does not compel the conclusion that plaintiff’s incompetent was guilty of contributory negligence as matter of law. Present — Jenks, P. J., Thomas, Carr, Stapleton and Rich, JJ.