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Mienkiewicz v. International Ry. Co.

155 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1915-10-22 English

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Majority

p. 1125
MIENKIEWICZ, Appellant, v. INTERNATIONAL RY. CO., Respondent.
(Supreme Court, Appellate Division, Fourth Department.
October 22, 1915.)

Headnote

Action by Constantine Mienkiewicz, as administratrix, etc., against the International Railway Company.

No opinion. Judgment reversed, and new trial granted, with costs to appellant to abide event. Held, that the evidence presented a question of fact, which should have been submitted to the jury, both as to defendant’s negligence and the contributory negligence of plaintiff’s intestate.