Borowiak v. International Ry. Co. — 154 N.Y.S. 1112

Majority

p. 1112

BOROWIAK v. INTERNATIONAL RY. CO.

(Supreme Court, Appellate Division, Fourth Department.

July 7, 1915.)

Headnote

Action by Anastatia Borowiak, as administratrix, etc., against the International Railway Company.

Plaintiff’s exceptions sustained, and motion for new trial granted, with costs to plaintiff to abide event. Held, that the court improperly granted defendant’s motion for a nonsuit at the close of plaintiff’s case; that the evidence presented questions of fact, both as to the defendant’s negligence in operating its roád and as to plaintiff’s freedom from

p. 1113

contributory negligence, which should have been submitted to the jury.