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Subczak v. American Locomotive Co.

142 N.Y.S. 1147 Court N.Y. App. Div. Decision date 1913-06-04 English

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p. 1147
SUBCZAK, Respondent, v. AMERICAN LOCOMOTIVE CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
June 4, 1913.)

Headnote

Action by Joseph Subczak against the American Locomotive Company.

Judgment and order reversed, and the complaint dismissed, with costs, including costs of this appeal. Held: (1) That the plaintiff failed to establish his freedom from contributory negligence. (2) That the finding of the jury that the defendant was guilty of negligence is contrary to and against the weight of the evidence.

LAMBERT, J., not sitting.