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Volkman v. Third Avenue Railroad

57 N.Y.S. 1149 Court N.Y. City Ct. Decision date 1899-03-29 English

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p. 1149
VOLKMAN v. THIRD AVE. R. CO.
(City Court of New York. General Term.
March 29, 1899.)

Headnote

Action by Henry G. Volkman against the Third Avenue Railroad Company. From a judgment for plaintiff, defendant appeals. Affirmed. Hoadley, Lauterbach & Johnson, for appellant. E. R. Leavitt, for respondent.

Upon plaintiff’s testimony, the trial justice was right in submitting to the jury the question of defendant’s negligence and plaintiff’s alleged contributory negligence. We see no reason for reversing their finding in plaintiff’s favor. Judgment affirmed, with costs.