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Masel v. Brooklyn Heights Railroad

138 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1912-12-13 English

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p. 1129
MASEL, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
December 13, 1912.)

Headnote

Action by Joseph Masel against the Brooklyn Heights Railroad Company.

Judgment and order of the County Court of Queens County reversed, and new trial ordered, costs to abide the event, on the ground that the evidence does not establish negligence on the part of defendant or freedom from contributory negligence on the part of plaintiff.

HIRSCHBERG and RICH, JJ., vote for affirmance.