Hyperlawhypertext legal database Dowdell v. Lackawanna Steel Co. 108 N.Y.S. 1130

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Dowdell v. Lackawanna Steel Co.

108 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1908-01-08 English

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p. 1130
DOWDELL, Respondent, v. LACKAWANNA STEEL Co., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 8, 1908.)

Headnote

Action by Patrick Dowdell against the Lackawanna Steel Company.

No opinion. Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that upon the facts which were submitted to the jury the defendant was not shown to have been guilty of actionable negligence; that under the holding of the trial court the negligence, if any, which caused the accident was the negligence of a co-servant of the plaintiff, for which the defendant is not liable.