Majority
p. 896Jacob Singer, as Administrator, etc., of Benjamin L. Singer, Deceased, Respondent, v. Erie Railroad Company, Appellant.
Judgment and order affirmed, with costs, in accordance with Elias v. Lehigh Valley R. R. Co. ( 226 N. Y. 154 ). Jenks, P. J., Mills, Pu'nam and Blaekmar, JJ., concur; Kelly, J., votes to reverse upon the ground that the evidence shows that plaintiff’s intestate was guilty of contributory negligence as matter of law, and that the verdict acquitting him of contributory negligence is contrary to the evidence.
Cases cited
- Elias v. Lehigh Valley Railroad 226 N. Y. 154 p. 896