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Edgerton v. New York State Railways

159 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1916-05-24 English

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p. 1110
Jedediah P. EDGERTON, applt., v. NEW YORK STATE RAILWAYS, respt.
(Supreme Court, Appellate Division, Fourth Department
May 24, 1916.)

Judgment reversed and net trial granted, with costs to appellant to abid event: Held, that the question of the plaintiff contributory negligence, as well as that of th defendant’s negligence, was a question of fac for the jury. All concur, except Foote, J., wh dissents, and De Angelis, J., not voting.