Morrison v. Pennsylvania Railroad — 129 N.Y.S. 1136

Majority

p. 1136

MORRISON v. PENNSYLVANIA R. CO.

(Supreme Court, Appellate Division, Fourth Department.

May 31, 1911.)

Headnote

Action by Mary Morrison, as administratrix, etc., against the Pennsylvania Railroad Company.

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

McLBNNAN, P. j., and ROBSON, J., dissent.