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Tanke v. West Shore R.

82 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1903-05-05 English

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p. 1116
TANKE, Respondent, v. WEST SHORE R. CO. et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
May 5, 1903.)

Headnote

Action by August C. Tanke against the West Shore Railroad Company and 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 as matter of law the evidence fails to establish actionable negligence on the part of the defendant.

SPRING and HISCOCK. JJ., dissent.