Hyperlawhypertext legal database King v. New York Central & Hudson River Railroad 119 N.Y.S. 1131

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King v. New York Central & Hudson River Railroad

119 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1909-11-17 English

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p. 1131
KING, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
November 17, 1909.)

Headnote

Action by Michael King, as administrator, etc., against the New York Central & Hudson River Railroad Company.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the finding of the jury that the plaintiff’s intestate was free from contributory negligence was contrary to and against the weight of the evidence. See, also, 123 App. Div. 913 , 108 N. Y. Supp. 1138 .

MCLENNAN, P. J., and KRUSE, j., dissent.