Hyperlawhypertext legal database Schaffner v. New York, N. H. & H. Railroad 122 N.Y.S. 688

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Schaffner v. New York, N. H. & H. Railroad

122 N.Y.S. 688 Court N.Y. App. Div. Decision date 1910-04-29 English

Decision Majority — PER CURIAM. · Dissent — INGRAHAM, P. J., and MILLER, J.,

Contents
p. 688
SCHAFFNER v. NEW YORK, N. H. & H. R. CO.
(Supreme Court, Appellate Division, First Department.
April 29, 1910.)

Headnote

Appeal from Trial Term, New York County.
Action by Harold R. SchafEner, an infant, against the New York, New Haven & Hartford Railroad Company. From a judgment for plaintiff, entered on a verdict, and from an order denying a new trial, defendant appeals.
Affirmed.
Argued before INGRAHAM, P. J., and MCLAUGHLIN, LAUGHLIN, MILLER, -and DOWLING, JJ.
Hugh A. Bayne, for appellant.
Frank E. Carstarphen, for respondent.

Judgment and order affirmed, with costs.

dissent, upon the ground that In their opinion there was no evidence that the plaintiff was free from contributory negligence that would justify the submission of the case to the jury.