Devine v. Brooklyn Heights Railroad — 198 N.Y. 630

Majority

p. 630

Elizabeth Devine, Respondent, v. The Brooklyn Heights Railroad Company, Appellant.

Headnote

Devine v. Brooklyn Heights B. B. Go., 131 App. Div. 142 , reversed.

(Argued May 11, 1910;

decided May 31, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 10, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.

JD. A. Marsh and George D. Yeomans for appellant.

John F. Garew for respondent.

Judgment reversed and new trial granted, costs to abide event, on dissenting opinion of Jeniis, J., below.

Concur: Haight, Werner, Willard Bartlett, Hiscock and Chase, JJ.; Cullen, Ch. J., concurs in result.