Duchambeau v. Ames Iron Works

112 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1908-10-14 English

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Majority

p. 1127

DUCHAMBEAU, Respondent, v. AMES IRON WORKS, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 14, 1908.)

Headnote

Action by Margaret Duchambeau, as administratrix, etc., against the Ames Iron Works.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide even. Held, that the proof fails to show that plaintiff’s intestate was free from contributory negligence.

McLENNAN, P. J., dissents.