Cornwall v. New York Central & Hudson River Railroad

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law only; the facts having been examined and no error found therein. Held, that it was error for the trial justice to charge the jury that, if the son (plaintiff’s) was free from negligence and the defendant was negligent, then the plaintiff can recover, irrespective of the question whether she was negligent or not.