Vogel v. International Ry. Co.

154 N.Y.S. 1149 Court N.Y. App. Div. Decision date 1915-07-07 English

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Majority

p. 1149

VOGEL, Respondent, v. INTERNATIONAL RY. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

July 7, 1915.)

Headnote

Action by Jacob Vogel against the International Railway Company.

Judgment reversed, and complaint dismissed, with costs, including costs of this appeal. Held, that the plaintiff was negligent as matter of law, and defendant’s motion for a nonsuit should have been granted.

KRUSE. P. J., dissents.