Ackerman v. New York Central & Hudson River Railroad

105 N.Y.S. 1105 Court N.Y. App. Div. Decision date 1907-05-28 English

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p. 1105

ACKERMAN, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent.

(Supreme Court, Appellate Division, Fourth Department.

May 28, 1907.)

Headnote

Action by" Elihu Ackerman against the New York Central & Hudson River Railroad Company. -

Judgment reversed, and new trial ordered, with costs to the appellant to abide event. Held, that the questions of sui juris and contributory negligence were for the jury, and npt for the court.

McLennan, P. j., dissents. ROBSON, J., not sitting.