Hyperlawhypertext legal database Herkert v. Yawman & Erbe Manufacturing Co. 129 N.Y.S. 1127

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Herkert v. Yawman & Erbe Manufacturing Co.

129 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1911-05-03 English

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Majority

p. 1127
HERKERT, Respondent, v. YAWMAN & ERBE MFG. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
May 3, 1911.)

Headnote

Action by Rose Herbert, as administratrix, etc., against the Yawman & Erbe Manufacturing Company.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that as matter of law the defendant was not shown guilty of actionable negligence, and that plaintiff’s intestate was guilty of contributory negligence as matter of law.

SPRING and KRUSE, JJ., dissent.