Hyperlawhypertext legal database Simkoff v. Lehigh Valley R. 103 N.Y.S. 1142

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Simkoff v. Lehigh Valley R.

103 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1907-03-13 English

Decision Majority — PER CURIAM. · Dissent — McLENNAN, P. J.,

Contents
p. 1142
SIMKOFF, Respondent, v. LEHIGH VALLEY R. CO., Appellant.
(Supreme Court. Appellate Division, Fourth Department.
March 13, 1907.)

Headnote

Action by Leonard Simkoff, an infant, etc., against the Lehigh Valley Railroad Company.

Judgment and order affirmed, with costs.

dissents on the ground that the finding of the jury that there was an opening between the outside edge of the southerly rail and the sidewalk planking, which was the only negligence submitted to the jury, was against the weight of the evidence, and also because of errors of the court in refusing to charge as requested.