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Knickerbocker v. General Railway Signal Co.

125 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1910-10-21 English

Decision Majority — PER CURIAM. · Dissent — McLENNAN, P. J.,

Contents
p. 1127
KNICKERBOCKER, Respondent, v. GENERAL RY. SIGNAL CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 21, 1910.)

Headnote

Action by Edward F. Knickerbocker against the General Railway Signal Company.

Judgment and order reversed and new trial ordered, with costs to appellant to abide the event. Held, that as matter of law the plaintiff failed to establish actionable negligence. See opinion by SPRING, J., on former appeal in same case, reported at 133 App. Div. 787 , 118 N. Y. Supp. 82 .

dissents upon the ground that the question of negligence and freedom from contributory negligence were questions of fact for the jury. See dissenting opinion by McLENNAN, P. j., on former appeal.