Danner v. Erie Railroad

66 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1900-10-02 English

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Majority

p. 1130

DANNER, Respondent, v. ERIE R. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 2, 1900.)

Headnote

Action by George Danner against the Erie Railroad Company.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event. Held, that plaintiff was guilty of contributory negligence as matter of law, and should have been nonsuited.