Gibbs v. Lehigh Valley Railroad — 269 N.Y. 543

Majority

p. 543

Robert G. Gibbs, as Administrator of the Estate of Robert Gibbs, Jr., Deceased, Appellant, v. Lehigh Valley Railroad Company, Respondent.

(Argued October 22, 1935;

decided November 19, 1935.)

p. 544

Glenn A. Stockwell for appellant.

Thomas R. Wheeler for respondent.

Judgments reversed and new trial granted, with costs to abide the event. The evidence presented a question of fact as to whether the deceased was guilty of contributory negligence. This was for the jury to determine. No opinion.

Concur: Crane,' Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.