Appellate Division of the Supreme Court of New York, 1906

Hull v. New York Central & Hudson River Railroad

Hull v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of New York · Decided May 15, 1906
113 A.D. 888; 98 N.Y.S. 1104
Hull v. New York Central & Hudson River Railroad

Opinion of the Court

Judgment and order affirmed, with costs. All. concurred, except P. and Nash, J., who dissented and voted for reversal on the ground that the testimony of the defendant’s witnesses that the locomotive was subjected to frequent and thorough inspection by competent inspectors is uncontradicted, and that there should have been a dismissal of the complaint upon this ground. (Smith v. N. Y. C. & H. R. R. R. Co., 164 N. Y. 491 ; Biddiscomb v. Cameron, 35 App. Div. 561 ; affd., 161 N. Y. 637.)

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