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Westfield v. New York Central & Hudson River Railroad

108 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1908-01-15 English

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p. 1150
WESTFIELD, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 15, 1908.)

Headnote

Action by John Westfield against the New York Central & Hudson River Railroad Company.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, upon questions of law only. Held, that the plaintiff failed to establish freedom from contributory negligence.

WILLIAMS and ROBSON, JJ., vote for reversal, on the ground that the verdict of the jury that the plaintiff was free from contributory negligence was contrary to and against the weight of the evidence.