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Kinney v. New York Central & Hudson River Railroad

185 A.D. 903 Court N.Y. App. Div. English

Contents

Majority

p. 903
John W. Kinney, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.

Headnote

Judgment and order reversed and new trial granted, with costs to appellant to abide event.

Held, that the court erred in charging the jury that if Kinney was uncertain as to whether Mullen’s signal meant a stop signal or a come ahead signal, the failure of Kinney to stop before passing the dwarf must be considered contributory negligence which was the sole cause of the accident and which bars a recovery. All concurred.