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Holbrook v. Buffalo, R. & P. Ry. Co.

118 N.Y.S. 1113 Court N.Y. App. Div. Decision date 1909-07-06 English

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

Contents
p. 1113
HOLBROOK, Respondent, v. BUFFALO, R. & P. RY. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
July 6, 1909.)

Headnote

Action by Irving L. Holbrook against the Buffalo, Rochester & Pittsburg Railway Company.

Judgment and order affirmed, with costs.

dissent, upon the ground that it was not negligence upon the part of the defendant to run a train in perfect condition on a track in like condition at the rate of 60 miles per hour, and upon the further ground that the damages are excessive.