Appellate Division of the Supreme Court of New York, 1906

Hall v. New York, C. St. L. R.

Hall v. New York, C. St. L. R.
Appellate Division of the Supreme Court of New York · Decided March 21, 1906 · McLennan, Nash
97 N.Y.S. 1136 (New York Supplement)
Hall v. New York, C. St. L. R.

Opinion of the Court

PER CURIAM.

Judgment and order versed, and new trial ordered, with costs to 1 appellant to abide the event.

McLennan, P. j., and NASH, J.,

vote : reversal, on the ground that plaintiff, as mat of law, failed to establish freedom from contr utory negligence. SPRING and WILLIAS: JJ., vote for reversal on the ground that 1 verdict is contrary to the evidence, both as the negligence of the defendant and contribute negligence of the plaintiff. KRUSE J., dissen and votes for affirmance.

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