Kelley v. New York State Railways

129 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1911-05-03 English

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

Contents

p. 1130

KELLEY, Respondent, v. NEW YORK STATE RYS., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

May 3, 1911.)

Headnote

Action by John L. Kelley against the New York State Railways.

Judgment and order affirmed, with costs.

dissents, upon the ground that the defendant was not shown guilty of actionable negligence, and that the plaintiff was guilty of contributory negligence as matter of law.