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Dean v. New York State Rys.

152 N.Y.S. 1106 Court N.Y. App. Div. Decision date 1915-03-26 English

Contents

Majority

p. 1106
DEAN, Respondent, v. NEW YORK STATE RYS., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 26, 1915.)

Headnote

Action by John Dean, as administrator, etc., against the New York State Railways.

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 on the question of the contributory negligence of plaintiff’s intestate, and that the court erred in excluding the evidence offered concerning the relation between the deceased and his child.

KRUSE, P. J„ dissents.