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Beckwith v. New York, O. & W. Railroad

31 N.Y.S. 1125 Court September Term, 1894.) English

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p. 1125
BECKWITH, Appellant, v. NEW YORK, O. & W. R. CO., Respondent.
(Supreme Court, General Term, Fourth Department.
September Term, 1894.)

Headnote

Action by Mary E. Beckwith, as administratrix, etc., against New York, Ontario & Western Railroad Company.

No opinion. Judgment and order reversed, and a new trial ordered, with costs to abide the event. Held, that whether the intestate was free from contributory negligence, and whether defendant was guilty of negligence, were questions of fact, which should have been submitted to the jury.