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Hall v. New York, C. St. L. R.

97 N.Y.S. 1136 Court N.Y. App. Div. Decision date 1906-03-21 English

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p. 1136
HALL, Respondent, v. NEW YORK, C. ST. L. R. CO., Appellant.
(Supreme Cor Appellate Division, Fourth Department.
Ma 21, 1906.)

Headnote

Action by George Hall against 1 New York, Chicago & St. Louis Railroad Cc pany.

Judgment and order versed, and new trial ordered, with costs to 1 appellant to abide the event.

vote : reversal, on the ground that plaintiff, as mat of law, failed to establish freedom from contr utory negligence. SPRING and WILLIAS: JJ., vote for reversal on the ground that 1 verdict is contrary to the evidence, both as the negligence of the defendant and contribute negligence of the plaintiff. KRUSE J., dissen and votes for affirmance.