Majority
p. 1130MEHR v. LINCH. (Supreme Court, Appellate Term, First Department. June 17, 1913.)
Headnote
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Edward J. Mehr against George W. Linch, as receiver of the Second Avenue Railroad Company. From a judgment dismissing the complaint, plaintiff appeals. Reversed, and new trial ordered. Edward D. Newman, of New York City, for appellant. Charles E. Chalmers, of New York City, for respondent.Under the peculiar facts of this case, we do not think that as a matter of law contributory negligence was proven. Judgment is reversed, and a new trial ordered, with costs to appellant to abide the event.