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Chestnut v. New York Consolidated Railroad

153 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1915-05-14 English

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p. 1110
CHESTNUT, Appellant, v. NEW YORK CONSOL. R. CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
May 14, 1915.)

Headnote

Action by Harry Chestnut against the New York Consolidated Railroad Company.

The parties hereto having stipulated in open court that this case may be disposed of by. a court of four, the decision is as follows: Judgment and order reversed, and new trial granted, costs to abide the event, by reason of the charge at folio 134, inasmuch as it seems to withdraw from the jury consideration of the causes of the sign falling, which were submitted to the jury in the main charge. At least the jury may have been led to such conclusion. Rehearing granted, 153 N. Y. Supp. 1110.