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O'Donnell v. New York Central & Hudson River Railroad

86 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1904-01-26 English

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p. 1142
O’DONNELL, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent.
(Supreme Court, Appellate Division, Fourth Department.
January 26, 1904.)

Headnote

Action by Matthew J. O’Donnell 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. Held, that the question of defendant’s negligence, plaintiff’s freedom from negligence, and whether the plaintiff at the time of the accident was engaged in the line of his duty, were questions of fact for the jury.

SPRING and STOVER, JJ., dissent.