McEnearney v. Richmond Light & Railroad

138 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1912-11-27 English

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p. 1127

McENEARNEY, Respondent, v. RICHMOND LIGHT & R. CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

November 27, 1912.)

Headnote

Action by Stephen J. McEnearney against the Richmond Light & Railroad Company.

Judgment and order of the County Court of Richmond County reversed, and new trial ordered, costs to abide the event, upon the ground that the evidence fails to show that plaintiff was free from contributory neglicence.

HIRSCHBERG, J., dissents.