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Huested v. Richmond Light & R.

141 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1913-04-30 English

Contents

Majority

p. 1124
HUESTED, Appellant, v. RICHMOND LIGHT & R. CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
April 30, 1913.)

Headnote

Action by Edward L. Huested, as administrator, etc., of Orel Huested, deceased, against the Richmond Light & Railroad Company.

Judgment reversed, and new trial granted, costs to abide the event; upon the ground that the evidence presented an issue which should have been submitted to the jury.

HIRSCHBERG and BURR, JJ., vote to modify the judgment by striking out the words “upon the merits,” and to affirm the judgment, as so modified, without costs.