Brandt v. Third Avenue Railroad — 111 N.Y.S. 1110

Majority

p. 1110

BRANDT v. THIRD AVE. R. CO.

(Supreme Court, Appellate Division, First Department.

June 19, 1908.)

Headnote

Appeal from Trial Term. Action by Charles E. Brandt against the Third Avenue Railroad Company. From .a judgment dismissing the complaint, plaintiff appeals. Reversed, and new trial ordered. Ar

p. 1111

nold Cross, for appellant. B. H. Ames, for respondent.

We think there should be a new trial in this case, on the ground that the question as to the defendant’s negligence and the plaintiff’s freedom from contributory negligence should have been presented to the jury. Judgment reversed, and new trial ordered, with costs to appellant to abide event.