Harrington v. New York Central Railroad — 228 A.D. 880

Majority

p. 880

Helen Harrington, as Administratrix, etc., of Martin Harrington, Deceased, Respondent, v. The New York Central Railroad Company, Appellant.

Judgment and order reversed on the law and facts, with costs, and complaint dismissed, with costs, on the ground that there is a failure to show actionable negligence on the part of the defendant as a cause of contributing cause of the death of plaintiff’s intestate, and the nlaintiff’s intestate assumed the risk. All concur. Present — Sears, P. J., Crouch, Taylor, Edgcomb and Thompson, JJ.