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Cole v. Central New England Railway

131 N.Y.S. 1108 Court N.Y. App. Div. Decision date 1911-10-06 English

Contents

Majority

p. 1108
COLE, Respondent, v. CENTRAL NEW ENGLAND RY. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
October 6, 1911.)

Headnote

Action by Mary S. Cole, as administratrix, etc., of Townsend Cole, deceased, againbt the Central New England Railway Company.

Order setting aside verdict and granting new trial reversed, with costs.

p. 1109
upon the ground that no errors were committed upon the trial to plaintiff’s prejudice, and upon the further ground that plaintiff failed to show that decedent was free from negligence contributing to the injury.

HIRSOHBERG, J., dissents.