Hyperlawhypertext legal database Albring v. New York Central & Hudson River Railroad 62 N.Y.S. 1131

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Albring v. New York Central & Hudson River Railroad

62 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1900-02-16 English

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p. 1131
ALBRING, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
February 16, 1900.)

Headnote

Action by Bertha Albring, as administratrix, etc., against the New York Central & Hudson River Railroad Company.

Ordered that the order and

decision in this case are hereby resettled and amended as of December 29, 1899, so as to read as follows: “Order appealed from reversed solely upon the grounds (1) that, as matter of law, the plaintiff’s intestate was not free from contributory negligence, and (2) because, as matter of law, the negligence of the defendant was not the cause of the injury complained of, and for those reasons the case ought not to have been submitted to the jury; the court having examined the questions of fact as to the other issues in the case, and found no error therein.” See 61 N. Y. Supp. 763 .