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McMahon v. Delaware & Hudson Railroad

240 A.D. 936 Court N.Y. App. Div. English

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p. 936
Carl L. McMahon, Respondent, v. The Delaware and Hudson Railroad Corporation, Appellant.

Order and judgment reversed on the law and facts, with costs in all courts, and complaint dismissed, with costs, on the ground that the decision is against the weight of the evidence, and that the police officer was not shown to be grossly negligent as a voluntary bailee. Hill, P. J., Rhodes and Crapser, JJ., concur; McNamee and Bliss, JJ., dissent.