Garlisch v. New York, Ontario & Western Railway Co.

Majority

p. 948

Henrietta Garlisch, as Administratrix, etc., of Otto Garlisch, Deceased, Appellant, v. New York, Ontario and Western Railway Company, Respondent.

Judgment and order reversed and new trial granted, costs to abide the event, on the authority of Kavanagh v. New York, Ontario & Western R. Co. [ 196 App. Div. 384 ], decided herewith.- Rich, Blaekmar and Jaycox, JJ., concur; Mills, J., votes to affirm upon the ground that the term “ negligence ” used in the portion of the charge criticised was intended to include the idea of proximate cause, with whom Jenks, P. J., concurs.