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Miller v. New York Central & Hudson River Railroad

68 N.Y. Sup. Ct. 621 Court N.Y. Gen. Term English

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p. 621
Morris S Miller, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.

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