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Strapp v. New York Central & Hudson River Railroad

126 N.Y.S. 1147 Court N.Y. App. Div. Decision date 1911-01-18 English

Contents
p. 1147
STRAPP v. NEW YORK CENT. & H. R. R. CO.
(Supreme Court, Appellate Division, > Fourth Department.
January 18, 1911.)

Headnote

Ac-I tion by Peter Strapp, as administrator, etc., i against the New York Central & Hudson River Railroad Company.

Plaintiff’s exceptions sus- ■ tained, and motion for new trial granted, with costs to plaintiff to abide event. Held, that the questions of contributory negligence and of defendant’s negligence were questions of fact for the jury.

dissents, upon the ground that as matter of law the deceased was not shown free from coutributory negligence, and that defendant was not shown guilty of actionable negligence.