Luckey v. Erie Railroad — 157 N.Y.S. 1133

Majority

p. 1133

George H. LUCKEY, respondent, v. ERIE RAILROAD COMPANY, Appellant.

(Supreme Court, Appellate Division, Second Department.

March 10, 1916.)

Judgment and order reversed, and now trial granted, costs to abide the event, on the ground of error on the part of the trial court in refusing to charge as requested at folios 500 to 511. Jenks, P. J., and Carr and Rich, JJ., concur. Stapleton, J., concurs in the result, upon the ground that the plaintiff failed to establish negligence on the part of the defendant. Mills, J., not voting.