Brady v. Brooklyn Heights Railroad — 88 N.Y.S. 1093

Majority

p. 1093

BRADY, Appellant, v. BROOKLYN HEIGHTS R. CO., Respondent.

(Supreme Court, Appellate Division, Second Department.

June 17, 1904.)

Headnote

Action by Mary Brady, as administratrix of Owen Brady, deceased, against the Brooklyn Heights Railroad Company. .

Order setting aside verdict reversed, with costs, and judgment directed in favor of the plaintiff, with costs. We think the evidence in the case was sufficient to justify a submission to the jury of the question whether or not the circumstances did affirmatively establish that the plaintiff’s decedent was free from contributory negligence.

Jenks, J., dissents.