Atchison v. Coney Island & B. R. Co.

123 N.Y.S. 1105 Court N.Y. App. Div. Decision date 1910-05-26 English

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p. 1105

ATCHISON, Appellant, v. CONEY ISLAND & B. R. CO., Respondent.

(Supreme Court, Appellate Division, Second Department.

May 26, 1910.)

Headnote

Action by Alexander G. Atchison against the Coney Island & Brooklyn Railroad Company.

Judgment and order reversed, and new trial granted, costs to abide the event, upon the ground that the questions of defendant’s negligence and plaintiff’s freedom from contributory negligence were questions of fact for the jury.

CARR, J., not voting.