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Wilcox v. Syracuse, Binghamton & New York Railroad

88 N.Y.S. 1119 Court N.Y. App. Div. Decision date 1904-05-17 English

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p. 1119
WILCOX, Respondent, v. SYRACUSE, B. & N. Y. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
May 17, 1904.)

Headnote

Action by Myra Wilcox against the Syracuse, Binghamton & New York Railroad Company.

Order granting new trial reversed, motion denied, and judgment ordered for the defendant upon the verdict, with costs. Held, that upon the evidence in this case the train and gate, at the time of the accident, were not being operated by the defendant, but by another railroad company, and that there was no admission in the pleadings that this defendant was so operating the railroad or gates.