Willert v. International Railway Co.

125 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1910-10-19 English

Decision Majority — PER CURIAM. · Dissent — KRUSE, J.,

Contents

p. 1150

WILLERT v. INTERNATIONAL RY. CO.

(Supreme Court, Appellate Division, Fourth Department.

October 19, 1910.)

Headnote

Action by Frank Willert, as administrator, against the International Railway Company.

Plaintiff’s exceptions overruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the verdict, with costs.

dissents upon the ground that the questions of negligence and freedom from contributory negligence were questions of fact for the jury.