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Miller v. Erie Railroad

178 A.D. 949 Court N.Y. App. Div. English

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p. 949
Ralph R. Miller, Respondent, v. Erie Railroad Company, Appellant.

Judgment and order reversed and complaint dismissed, with costs. Held, that the evidence did not justify a finding by the jury that the defendant wantonly, willfully or recklessly operated its train, resulting in plaintiff’s injury. All concurred, except De Angelis, J., who dissented and voted for affirmance.