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Whittaker v. New York Central & Hudson River Railroad

138 N.Y.S. 1149 Court N.Y. App. Div. Decision date 1912-11-13 English

Contents
p. 1149
WHITTAKER v. NEW YORK CENT. & H. R. R. CO.
(Supreme Court, Appellate Division, Fourth Department.
November 13, 1912.)

Headnote

Appeal from Trial Term. Action by Helen M. Whittaker, as administratrix, against the New York Central & Hudson River Railroad Company. Judgment for plaintiff, and defendant appeals. Affirmed.
Hoyt & Spratt, of Buffalo, for appellant.
Bushnell & Kent, of Buffalo, for respondent.

Judgment and order affirmed, with costs.

dissents, upon the grounds: (1) That it is not shown by the evidence that the slipping of the handle bar, if it slipped, was the proximate cause of the accident. (2) That there is no probative evidence to show that the defendant knew or had occasion to know, in the exercise of the highest degree of care, that the pin which would have prevented the slipping of the handle bar was out of place.