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Di Domizio v. Orange County Traction Co.

208 A.D. 703 Court N.Y. App. Div. English

Contents

Majority

p. 703
Jennie Di Domizio, Appellant, v. Orange County Traction Company,
p. 704
Respondent.

Judgment and order affirmed, with costs. No opinion. Rich, Manning, Kelby and Kapper, JJ., concur; Kelly, P. J., dissents upon the ground that it was error to charge the jury that if the accident happened as stated by the witnesses for the defendant, the defendant was entitled to a verdict, being of opinion that assuming such facts, it was for the jury to say whether the motorman was guilty of negligence.