Drager v. Rochester Railway Co.

104 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1907-05-01 English

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p. 1126

DRAGER, Respondent, v. ROCHESTER RY. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

May 1, 1907.)

Headnote

Action by John Drager against the Rochester Railway Company.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event. Held, that the finding of the jury that plaintiff was free from contributory negligence is contrary to the evidence.