Hyperlawhypertext legal database Grower v. New York Central & Hudson River Railroad 77 N.Y.S. 1127

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Grower v. New York Central & Hudson River Railroad

77 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1902-06-03 English

Decision Majority — PER CURIAM. · Concurring — MCLENNAN, J.,

Contents

Majority

p. 1127
GROWER, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
June 3, 1902.)

Headnote

Action by Nellie I. Grower, as administratrix, etc., 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 questions of law only'; the facts having been examined and no error found therein. Held, that plaintiff’s intestate was guilty of contributory negligence

Concurrence

p. 1128
in not detecting- the approach of the defendant’s train.

concurs in result, upon the ground that the finding of the jury that plaintiff’s intestate was free from contributory negligence was against the weight of the evidence. ADAMS, P. J., dissents upon the authority of Seeley v. Railroad Co., 8 App. Div. 402 , 40 N. Y. Supp. 866 , Henavie v. Same, 166 N. Y. 280 , 59 N. E. 901 , and Zwack v. Railroad Co., 160 N. Y. 362 , 54 N.

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