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Johnston v. Syracuse Lighting Co.

106 N.Y.S. 1132 Court Appellate Division, Fourth Department. Decision date 1907-11-13 English

Contents

Majority

p. 1132
JOHNSTON, Respondent, v. SYRACUSE LIGHTING CO., Appellant.
(Supreme Court,
p. 1133
Appellate Division, Fourth Department.
November 13, 1907.)

Headnote

Action by Camille B. Johnston, as administratrix, etc., against the Syracuse Lighting Company.

Judgment and order affirmed, with costs.

dissents, upon the ground that the evidence shows that it was the duty of the deceased to make such an inspection as the court charged would make the deceased guilty of contributory negligence if he had made such inspection and failed to discover the defect.