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Coe v. Northern Central Railway Co.

145 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1913-08-18 English

Delivered by SUTHERLAND, J.

Contents

Majority

p. 1117
COE, Appellant, v. NORTHERN CENT. RY. CO., Respondent.
(Supreme Court, Special Term, Chemung County.
August 18, 1913.)

Headnote

Action by Newell S. Coe, as administrator, etc., against the Northern Central Railway Company. On motion for new trial by defendant.
p. 1118
Granted. Sadler, Dorr & Seubert, of Syracuse, for plaintiff. Diven & Diven, of Elmira, for defendant.

The verdict in favor of plaintiff is set aside as contrary to the evidence. No negligence was shown. A new trial is therefore granted.