Lavin v. Blue Ridge Coal Corp.

222 A.D. 818 Court N.Y. App. Div. English

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p. 818

Minnie Lavin, as Administratrix, etc., of Charles Lavin, Deceased, Appellant, v. Blue Ridge Coal Corporation, Respondent.

Judgment reversed upon the law and new trial granted, costs to appellant to abide the event. The trial court erred in dismissing the complaint. The questions of defendant’s negligence and of decedent’s freedom from contributory negligence should have been submitted to the jury. Young, Rich, Kapper, Hagarty and Seeger, JJ., concur.