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Powlowski v. New York Central & Hudson River Railroad

151 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1915-03-03 English

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p. 1141
POWLOWSKI, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 3, 1915.)

Headnote

Action by Louis Powlowski, an infant, etc., against the New York Central & Hudson River Railroad Company.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the verdict is against the weight of the evidence upon the question of the defendant’s negligence and the plaintiff’s contributory negligence, that the weight of the evidence supports the claim that the plaintiff attempted to board the train while it was in motion, and that he was injured through his own carelessness. See, also, 150 N. Y. Supp. 1107 .