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Dunn v. New York Central & H. R. Railroad

134 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1912-03-13 English

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p. 1131
DUNN, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent.
(Supreme Court, Appellate Division, Fourth Department.
March 13, 1912.)

Headnote

Action by Elizabeth F. Dunn, as administratrix, etc., against the New York Central & Hudson River Railroad Company.

Judgment affirmed, with costs. See, also, 133 N. Y. Supp. 1119 .

KRUSE, J., dissents, upon the ground that in view of the defendant’s rules and orders and the signals given, and the unfamiliarity of the deceased with the road and conditions at the place of the accident, the question of contributory negligence, as well as that of the defendant’s negligence, was for the jury.