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Buffum v. Buffalo & L. E. Traction Co.

118 N.Y.S. 1097 Court N.Y. App. Div. Decision date 1909-10-20 English

Decision Majority — PER CURIAM. · Dissent — McLennan, P. J., and WILLIAMS, J.,

Contents
p. 1097
BUFFUM, Respondent, v. BUFFALO & L. E. TRACTION CO., Appellant, et al.
(Supreme Court, Appellate Division, Fourth Department.
October 20, 1909.)

Headnote

Action by Henry T. Buffum against the Buffalo & Lake Erie Traction Company, impleaded

Judgment and order affirmed, with costs.

dissent, upon the ground that there is no evidence tending to establish negligence on the part of the defendant which was the proximate cause of the plaintiff’s injury, that plaintiff failed to establish his freedom from contributory negligence, and upon the further ground that the court committed reversible error in refusing to charge as requested by the defendant.