McNeilly v. Lackawanna Bridge Co.

150 N.Y.S. 1095 Court N.Y. App. Div. Decision date 1914-11-11 English

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p. 1095

McNEILLY, Respondent, v. LACKAWANNA BRIDGE CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 11, 1914.)

Headnote

Action by Samuel D. McNeilly against the Lackawanna Bridge Company.

Judgment and order affirmed, with costs.

LAMBERT, J., dissents, upon the ground that the plaintiff failed to establish actionable negligence against the defendant and that the plaintiff assumed the risk and was guilty of contributory negligence as matter of law.