Fierro v. New York Central Railroad — 229 A.D. 776

Majority

p. 776

Rosina Fierro, as Administratrix, etc., of Savino Fierro, Deceased, Appellant, v. New York Central Railroad Company, Defendant, Impleaded with The New York, New Haven and Hartford Railroad Company, Respondent.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, upon the ground that the evidence of the plaintiff, which was uncontradicted, would have justified the jury in finding that plaintiff’s intestate came to Ms death as the result of the negligence of the defendant, respondent, in the operation of its train. Present — Dowling, P. J., Merrell, Martin, O’Malley and Sherman, JJ.