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Stanton v. International Railway Co.

95 N.Y.S. 1161 Court N.Y. App. Div. Decision date 1905-11-15 English

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p. 1161
STANTON, Respondent, v. INTERNATIONAL RY. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
November 15, 1905.)

Headnote

Action by William Stanton against the International Railway Company.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event.

McLennan, P. J., and NASH, j., vote for reversal, upon the grounds that as matter of law the defendant was not guilty of negligence, and that the plaintiff was guilty of contributory negligence. SPRING and HISCOCK, JJ„ voted for reversal upon the ground that the verdict of the jury that the plaintiff was free from contributory negligence was against the weight of the evidence. WILLIAMS, J., votes for affirmance.