Hyperlawhypertext legal database Manning v. Delaware, Lackawanna & Western Railroad 109 N.Y.S. 1138

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Manning v. Delaware, Lackawanna & Western Railroad

109 N.Y.S. 1138 Court N.Y. App. Div. Decision date 1908-03-18 English

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p. 1138
MANNING, Respondent, v. DELAWARE, L. & W. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 18, 1908.)

Headnote

Action by Patrick Manning against the Delaware, Lackawanna & Western Railroad Company.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the verdict oí the jury was contrary to and against the weight of the evidence.

MCLENNAN, P. J., and SPRING, J., voting for reversal upon the ground that the evidence fails to show that the defendant was guilty of negligence which caused or contributed to the injury complained of.