Hilberg v. Erie Railroad

153 N.Y.S. 1119 Court N.Y. App. Div. Decision date 1915-05-12 English

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Majority

p. 1119

HILBERG, Respondent, v. ERIE R. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

May 12, 1915.)

Headnote

Action by John W. Hilberg against the Erie Railroad Company.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the verdict of the jury is against the weight of the evidence on the question of plaintiff’s contributory negligence.

KRUSE, P. J., dissents.