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O'Reilly v. Staten Island Midland Railroad

76 N.Y.S. 1021 Court N.Y. App. Div. Decision date 1902-04-25 English

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p. 1021
O’REILLY, Appellant, v. STATEN ISLAND M. R. CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
April 25, 1902.)

Headnote

Action by Ann O’Reilly, as administratrix, etc., of Eugene O’Reilly, deceased, against the Staten Island Midland Railroad Company.

Judgment and order reversed, and new trial granted, costs to abide the event, on the ground that the trial court erred in refusing to charge that the plaintiff’s intestate was not responsible for a mere mistake in judgment, as requested at folio 196 of the case on appeal.

GOODRICH, P. J., dissents.