Reider v. Michigan Central Railroad

119 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1909-12-01 English

Contents

p. 1142

REIDER, Respondent, v. MICHIGAN CENT. R. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

December 1, 1909.)

Headnote

Action by Joseph Reider, as administrator, etc., against the Michigan Central Railroad Company.

Order affirmed, with costs.

McLENNAN, P. J.,

concurs, upon the ground that the order appealed from is a discretionary order.

dissent, upon the ground that, as matter of law, plaintiff’s intestate was guilty of contributory negligence.