Hyperlawhypertext legal database Gates v. Buffalo, Rochester & Pittsburgh Railway Co. 137 N.Y.S. 1121

← Cases

Gates v. Buffalo, Rochester & Pittsburgh Railway Co.

137 N.Y.S. 1121 Court N.Y. App. Div. Decision date 1912-10-16 English

Decision Majority — PER CURIAM. · Dissent — KRUSE, J.,

Contents
p. 1121
GATES v. BUFFALO, R. & P. RY. CO.
(Supreme Court, Appellate Division, Fourth Department.
October 16, 1912.)

Headnote

Action1 by Margaret E. Gates, as administratrix, etc., against the Buffalo, Rochester & Pittsburgh Railway Company.

Plaintiff’s exceptions overruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the nonsuit, with costs. See, also, 143 App. Div. 960 , 128 N. Y. Supp. 1124 .

dissents, upon the ground that the evidence was sufficient to make the question of contributory negligence of plaintiff’s intestate, as well as the defendant’s negligence,' a question of fact. SPRING, J., not sitting.