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Dittmar v. International Railway Co.

159 N.Y.S. 1109 Court N.Y. App. Div. Decision date 1916-05-24 English

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p. 1109
Emily DITTMAR, respt., v. INTERNATIONAL RAILWAY CO., applt.
(Supreme Court, Appellate Division, Fourth Department.
May 24, 1916.)

Headnote

Judgment and order reversed and new trial granted, with costs to the appellant to abide the event.

memorandum. Held, that the court instructed the jury that a greater degree of care was incumbent on the defendant than the circumstances of the case justified. All concur; Rambert and Morrell, JJ., concurring in reversal and voting for the dismissal of the complaint upon the ground that it affirmatively appears that the plaintiff did not slip upon the icy car step, but upon the street after she had alighted.