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Mills v. New York, N. H. & H. R.

149 N.Y.S. 1097 Court N.Y. App. Div. Decision date 1914-11-06 English

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p. 1097
MILLS, Respondent, v. NEW YORK, N. H. & H. R. CO., Appellant,
(Supreme Court, Appellate Division, Second Department.
November 6, 1914.)

Headnote

Action by Charles H. Mills against the New York, New Haven & Hartford Railroad Company.

Judgment and order reversed, and new trial granted, costs to abide the event. We think that the great preponderance of evidence is to the effect that plaintiff could have seen the engine approaching if he had looked. The darkness was not sufficient to prevent this.

RICH and STAPLETON, JJ., dissent.