Cafferty v. International Ry. Co. — 118 N.Y.S. 1097

Majority

p. 1097

CAFFERTY, Respondent, v. INTERNATIONAL RY. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

July 6, 1909.)

Headnote

Action by Mazie L. Cafferty against the International Railway Company.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the verdict is contrary to and against the weight of the evidence upon the questions of defendant’s negligence and plaintiff’s freedom from contributory negligence.

SPRING, J., not sitting.