Gannett v. Schenectady Railway Co. — 184 N.Y. 598

Majority

p. 598

Abbie J. Gannett, Appellant, v. Schenectady Railway Company, Respondent.

Headnote

Gannett v. Schenectady Ry. Co., 101 App. Div. 611 , reversed.

(Argued March 22, 1906;

decided April 6, 1906.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 27, 1905, affirming a.judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. '

Boberl J. Landon for appellant.

Daniel Naylor, Jr., and Edwa/rd G. ~WTiitmyer for respondent.

Judgment reversed and new trial granted, costs to abide event, on the ground that the question of plaintiff’s contributory negligence was one of fact for the jury ; no opinion.

Concur: Cullen, Ch. J., Edwabd T. Babtlett, Haight, Vann and Willabd. Babtlett, JJ. Dissenting: Gbay, J. Not sitting:' Chase, J.