Vandenbout v. Rochester Railway Co.

120 N.Y.S. 1149 Court N.Y. App. Div. Decision date 1910-01-19 English

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

Contents

p. 1149

VANDENBOUT, Respondent, v. ROCHESTER RY. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 19, 1910.)

Headnote

Action by Nellie Vandenbout, as administratrix, against the Rochester Railway Company.

Judgment and order affirmed, with costs. See, also, 129 App. Div. 844 , 114 N. Y. Supp. 760 .

dissent, upon the ground that as matter of law plaintiff’s intestate was not shown to be free from contributory negligence.