Hyperlawhypertext legal database King v. New York Central & Hudson River Railroad 108 N.Y.S. 1138

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King v. New York Central & Hudson River Railroad

108 N.Y.S. 1138 Court N.Y. App. Div. Decision date 1908-01-08 English

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p. 1138
KING, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 8, 1908.)

Headnote

Action by Michael King, as administrator, etc., against the New York Central & Hudson River Railroad Company.

Order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the verdict of the jury that plaintiff’s intestate was free from contributory negligence was contrary to and against the weight of the evidence.

McLennan, P. J., and KRUSE, J., dissent, and vote for affirmance.