Hyperlawhypertext legal database Brainard v. New York, O. & W. Railway Co. 121 N.Y.S. 1126

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Brainard v. New York, O. & W. Railway Co.

121 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1910-02-02 English

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p. 1126
BRAINARD, Respondent, v. NEW YORK, O. & W. RY. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
February 2, 1910.)

Headnote

Action by Warner Brainard against the New York, Ontario & Western Railway 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 was assured by the superintendent, three years prior to the accident, that he need take no care for his own safety, is contrary to and against the weight of evidence. See, also, 132 App. Div. 498 , 117 N. Y. Supp. 1098 .

SPRING and ROBSON, JJ., dissent.