Hyperlawhypertext legal database McPhillips v. Union Ry. Co. 117 N.Y.S. 1140

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McPhillips v. Union Ry. Co.

117 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1909-05-28 English

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p. 1140
McPHILLIPS, Respondent, v. UNION RY. CO. OF NEW YORK, Appellant.
(Supreme Court, Appellate Division, First Department.
May 28, 1909.)

Headnote

Action by Margaret McPhillips, as administratrix, against the Union Railway Company of New York.
B. H. Ames, for appellant.
C. Caldwell, for respondent.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, on the ground that the finding that the plaintiff’s intestate was free from contributory negligence was against the weight of evidence. Order filed.