p. 1113HOLBROOK, 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.