Hyperlawhypertext legal database Stepniak v. Lake Shore & Michigan Southern Railway Co. 96 N.Y.S. 1147

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Stepniak v. Lake Shore & Michigan Southern Railway Co.

96 N.Y.S. 1147 Court N.Y. App. Div. Decision date 1906-12-06 English

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p. 1147
STEPNIAK v. LAKE SHORE & M. S. RY. CO.
(Supreme Court, Appellate Division, Fourth Department.
December 6, 1906.)

Headnote

Action by George Stepniak against the Lake Shore & Michigan "Southern Railway Company.

Plaintiff’s exceptions sustained, and motion for new trial granted, with costs to the plaintiff to abide event. Held, that the questions of defendant’s negligence and absence of contributory negligence on the part of the plaintiff are questions of fact which should have been submitted to the jury.

McLennan, P., and NASH JJ., dissent.