Hyperlawhypertext legal database Kane v. New York Central & Hudson River Railroad 67 N.Y.S. 1136

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Kane v. New York Central & Hudson River Railroad

67 N.Y.S. 1136 Court November Term, 1900.) English

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p. 1136
KANE, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
November Term, 1900.)

Headnote

Action by Frank Kane against the New York Central & Hudson River Railroad Company.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon the ground that, interpreting the evidence most favorably to the plaintiff, it was not sufficient to establish actionable negligence upon the part' of the defendant, and' upon the further ground that the plaintiff assumed the risk of the accident which resulted in his injuries, and therefore the plaintiff, as matter of law, is not entitled to recover.