p. 1139PARCELL, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant, et al. (Supreme Court, Appellate Division, Fourth Department. December 8, 1909.)
Headnote
Action by An-son D. Parcell, an infant, etc., against the New York Central & Hudson River Railroad Company and another.Judgment against the New York Central & Hudson River Railroad Company, and order denying motion for new trial, affirmed, with costs. Judgment of nonsuit affirmed, with costs to the respondent New York, Ontario & Western Railroad Company against the appellant New York Central & Hudson River Railroad Company.
dissents from the affirmance of the judgment and order against the New York Central & Hudson River Railroad Company, on the ground of contributory negligence.