Hyperlawhypertext legal database Cornwall v. New York Central & Hudson River Railroad 95 N.Y.S. 1123

← Cases

Cornwall v. New York Central & Hudson River Railroad

95 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1905-10-11 English

Contents

Majority

p. 1123
CORNWALL, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 11, 1905.)

Headnote

Action by Anna V. Cornwall 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 for the trial justice to charge the jury that, if the son (plaintiff’s) was free from negligence and the defendant was negligent, then the plaintiff can recover, irrespective of the question whether she was negligent or not.