Gorham v. Syracuse, L. S. & N. R. Co. — 145 N.Y.S. 1125

Majority

p. 1125

GORHAM, Respondent, v. SYRACUSE, L. S. & N. R. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 14, 1914.)

Headnote

Action by William W. Gorham against the Syracuse, Lake Shore & Northern Railroad Company.

Judgment and order reversed, and new trial granted in the City Court of Fulton, to be held on the 28th day of January, 1914, at 10 o’clock a. m., with costs to appellant to abide event. The judgment of the City Court was contrary to and against the weight of the evidence, both upon the question of defendant’s negligence and upon plaintiff’s freedom from negligence which contributed to the accident.

KRUSE, P. J., and ROBSON, J., dissent.