Hyperlawhypertext legal database McMahon v. New York State Railways 153 N.Y.S. 1127

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McMahon v. New York State Railways

153 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1915-05-12 English

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p. 1127
McMAHON, Respondent, v. NEW YORK STATE RYS., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
May 12, 1915.)

Headnote

Action by Mary McMahon, as administratrix, 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 court erred in charging the jury that it was the duty of the motorman to exercise reasonable care in discovering the plaintiff’s intestate upon its tracks.

ROBSON, J., not sitting.