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Faudington v. Erie Railroad

111 N.Y.S. 1118 Court N.Y. App. Div. Decision date 1908-06-29 English

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p. 1118
FAUDINGTON, Respondent, v. ERIE R. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
June 29, 1908.)

Headnote

Action by Emma Faudington. as administratrix, etc., of James A. Faudington, deceased, against the Erie Railroad Company.

Without passing upon the merits of the case until the facts, and especially the nature and parts of the frog and switch, shall be sufficiently shown by oral evidence, or by a suitable drawing or model, the judgment and order are reversed, and a new trial ordered, costs to abide the event, for the reason that, upon the present evidence the case is not intelligible.

HOOKER, J., concurs in result.