Purser Coal Co. v. New York Central Railroad

Judgment and order reversed on the law and new trial granted, with costs to appellant to abide event, on the ground that questions of fact were presented, both as to the negligence of the defendant and as to contributory negligence of the plaintiff’s employee on the authority of Horton v. N. Y. C. R. R. Co. ( 237 N. Y. 38 ). All concur; Hubbs, P. J., not sitting.