Whippo v. Erie Railroad

69 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1901-03-12 English

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p. 1150

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

(Supreme Court, Appellate Division, Fourth Department.

March 12, 1901.)

Headnote

Action by John K. Whippo against the Erie Railroad Company.

Judgment and order revers- ■ ed, and a new trial ordered, with costs to the appellant to abide event. Held, that the evi- ■ dence fails to establish the absence of contributory negligence.