Hyperlawhypertext legal database McKay v. Syracuse Rapid Transit Railway Co. 133 N.Y.S. 1131

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McKay v. Syracuse Rapid Transit Railway Co.

133 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1912-01-24 English

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p. 1131
McKAY, Respondent, v. SYRACUSE RAPID TRANSIT RY. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 24, 1912.)

Headnote

Action by James U. McKay, as administrator, etc., against the Syracuse Rapid Transit Railway Company.

Judgment and order affirmed, with costs. Held, that the finding of the jury that defendant was guilty of actionable negligence and that plaintiff’s intestate was free from contributory negligence is supported by sufficient evidence, and that the negligence of the plaintiff, if any, although the sole beneficiary, is not a bar to his recovery. Lewin v.

p. 1132
Lehigh Valley R. Co., 52 App. Div. 69 , 65 N. Y. Supp. 49 . Appeal to Court of Appeals granted. Infra.

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