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Beckwith v. New York, Ontario & Western Railroad

87 N.Y. Sup. Ct. 604 Court N.Y. Gen. Term English

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p. 604
Mary E. Beckwith, as Administratrix, etc., Appellant, v. New York, Ontario and Western Railroad Company, Respondent.

Judgment and order reversed and a new trial ordered, with costs to abide the event. Held, that whether the intestate was free from contributory negligence and whether defendant was guilty of negligence were questions of fact which should have been submitted to the jury.