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Meisle v. New York Central & Hudson River Railroad

153 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1915-05-21 Docket No. 7317 English

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p. 1128
MEISLE, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant, et al.
(No. 7317.)
(Supreme Court Appellate Division, First Department.
May 21, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Nellie Bleisle, as administratrix, etc., against the New York Central & Hudson River Railroad Company, impleaded, etc. From a judgment entered upon the verdict of a jury, and from an order denying a motion for a new trial, said defendant appeals.
Reversed, and complaint dismissed.
Robert A. Kutsehback, of New York City, for appellant.
Frank X. Sullivan, of New York City, for respondent.

We think there was no evidence to justify the verdict of the jury that the defendant was negligent, or that it could have anticipated such an accident as occurred, and which resulted in the death of the plaintiff’s intestate. The judgment is therefore reversed, with costs, and the complaint dismissed, with costs. Order filed.

LAUGHLIN, J., dissents, and votes for affirmance.