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Miller v. New York Central & Hudson River Railroad

40 N.Y. St. Rep. 987 Court N.Y. Gen. Term Decision date 1891-10-03 English

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Majority

p. 987
Morris S. Miller, App’lt, v. The New York Central & Hudson River Railroad Co., Resp’t.

Judgment and order reversed and new trial ordered, with costs to abide event. JIdd, Whether the plaintiff’s servant at the time of the accident was guilty of contributory negligence was a question of fact, and should have been submitted to the jury.