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Siler v. Bath & Hammondsport Railroad

87 N.Y.S. 1148 Court N.Y. App. Div. Decision date 1904-03-29 English

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p. 1148
SILER, Respondent, v. BATH & H. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 29, 1904.)

Headnote

Action by Charles Siler against the Bath & Hammondsport Railroad Company.

Order granting new trial reversed, with costs, and judgment directed in favor of the defendant upon the verdict. Held that, the jury having found the plaintiff was not free from contributory negligence, he was not entitled to recover, even although, the defendant was guilty of negligence.