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People v. New York Central & Hudson River Railroad

213 N.Y. 649 Court N.Y. Decision date 1914-11-24 English

Contents

Majority

p. 649
The People of the State of New York, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.
(Argued October 12, 1914;
decided November 24, 1914.)

Headnote

People v. N. Y. C. & H. R. R. R. Co., 155 App. Div. 699 , reversed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 20,1913, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover
p. 650
damages to the forest preserve from fire alleged to have been, negligently set by defendant.
Martin E. McClary for appellant.
Thomas Carmody, Attorney-General (John T. Norton of counsel), for respondent.

Judgment reversed and new trial granted, costs to abide event, on authority of People v. N. Y. C. & H. R. R. R. Co. ( 213 N. Y. 136 ).

Concur: Werner, Hiscock, Chase, Collin, Hogan and Cardozo, JJ. Not voting: Miller, J.

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