Majority
p. 1119BEYER, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme Court, Appellate Division, First Department. January 8, 1909.)
Headnote
Action by Estelle Beyer, as administratrix, against the New York Central & Hudson River Railroad Company. R. A. Kutschbook, for appellant. F. H. Curry, for respondent.No opinion. Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, on the ground that there is no proof of negligence on the part of the defendant, and that the evidence as to the presence of gas in the water tank is purely speculative. Order filed.