Hyperlawhypertext legal database Linehan v. United Traction Co. 138 N.Y.S. 1126

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Linehan v. United Traction Co.

138 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1912-11-13 English

Contents

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p. 1126
LINEHAN, Appellant, v. UNITED TRACTION CO., Respondent.
(Supreme Court, Appellate Division, Third Department.
November 13, 1912.)

Headnote

Action by Patrick Linehan against the United Traction Company.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, on the ground that the questions of the defendant’s negligence and of the plaintiff’s contributory negligence were questions of fact for the jury.

SMITH, P. J., and KELLOGG, J., dissent.