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Campiglio v. New York Central & Hudson River Railroad

94 N.Y.S. 1143 Court N.Y. App. Term Decision date 1905-06-22 English

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p. 1143
DEL CAMPIGLIO, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Term.
June 22, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Tenth District. Action by Lottie Del Campiglio against the New York Central & Hudson River Railroad Company. Judgment for plaintiff, and defendant appeals.
Affirmed.
Charles C. Paulding (Robert A. Kutschboek, of counsel), for appellant.
James J. Fitz Gerald, for respondent.

While it is true that the court, in addressing defendant’s counsel in answer to his motion to dismiss, made some observation as to what he would do and as to what the law was, yet in charging the jury he stated the law applicable to the case correctly. As upon the whole case it seems that justice has been done, the judgment should be affirmed, with costs.