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Woodard v. Lehigh Valley Railroad

115 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1909-01-27 English

Decision Majority — PER CURIAM. · Dissent — SPRING, J.,

Contents
p. 1150
WOODARD, Respondent, v. LEHIGH VALLEY R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 27, 1909.)

Headnote

Action by Charles M. Woodard, an infant, etc., against the Lehigh Valley Railroad / Company. I

Judgment and order, affirm-/ ed, with costs.

dissents, upon the ground that Parsons was guilty of negligence as matter off'i law, and under the law as laid down by the court the jury may have found that the plaintiff was non sui juris, in which event the negligence of Parsons was imputable to the plaintiff.