Hyperlawhypertext legal database Bettinger v. New York Cent. & H. R. R. 143 N.Y.S. 1107

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Bettinger v. New York Cent. & H. R. R.

143 N.Y.S. 1107 Court N.Y. App. Div. Decision date 1913-10-08 English

Contents

Majority

p. 1107
BETTINGER et al., Respondents, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 8, 1913.)

Headnote

Action by Albert A. Bettinger and another against the New York Central & Hudson River Railroad Company.

Judgment of Special Term and judgment of Buffalo City Court reversed, and a new trial granted in Buffalo City Court, to be held on the 22d day of October, 1913, at 10 a. m., with costs in all courts to appellant to abide the event. Held, that the driver of the wagon was guilty of contributory negligence as matter of law, and that his negligence is imputable to the plaintiffs.