Brinkman v. Pennsylvania R. Co. — 152 N.Y.S. 1100

Majority

p. 1100

BRINKMAN, Appellant, v. PENNSYLVANIA R. CO., Respondent.

(Supreme Court, Appellate Division, Fourth Department.

March 17, 1915.)

Headnote

Action by Michael ICearon Brink-man against the Pennsylvania Railroad Company.

Judgment and order rev'ersed, and new trial granted, with costs to appellant to abide event. Held, that the evidence presents a question of fact as to whether the defendant was negligent in failing to adopt a reasonable and proper system of inspection of the chains furnished plaintiff in the performance of his work.

FOOTE, J., dissents.