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West v. New York Cent. & H. R. R.

83 N.Y.S. 1119 Court N.Y. App. Div. Decision date 1903-07-07 English

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p. 1119
WEST, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent.
(Supreme Court, Appellate Division, Fourth Department.
July 7, 1903.)

Headnote

Action by Nettie West, as administratrix, etc., against the New York Central & Hudson River Railroad Company.

Judgment reversed and new trial ordered, with costs to the appellant to abide event. Held, that the question of defendant’s negligence and of the freedom of the plaintiff’s intestate from contributory negligence, as well as the question of whether the intestate was rightfully upon the freight train at the time he met his death, were all questions of fact, which should have been submitted to the jury.