Bird v. International Railway Co.

156 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1915-12-08 English

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Majority

p. 1116

Elsie H. BIRD and one, as executors, etc., respts., v. INTERNATIONAL RAILWAY CO. impleaded, etc., applt.

(Supreme Court, Appellate Division, Fourth Department.

December 8, 1915.)

Judgment and order affirmed, with costs. All concur, except Foote, J., who dissents upon the ground that the court erred in charging the jury that the defendant was called upon to have the car approach the usual stopping place under control.