Hyperlawhypertext legal database Howe v. New York Central & Hudson River Railroad 91 N.Y.S. 1098

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Howe v. New York Central & Hudson River Railroad

91 N.Y.S. 1098 Court N.Y. App. Div. Decision date 1905-01-04 English

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p. 1098
HOWE, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 4, 1905.)

Headnote

Action by Belle M. Howe 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, upon questions of law only; the facts having been examined and no error found therein. Held, that it was error to exclude the evidence offered by the defendant as to the conditions and nature of the soil on either side of the plaintiff’s lands.

SPRING, J., dissents.