Appellate Division of the Supreme Court of New York, 1907

Hall v. New York, Chicago & St. Louis Railroad

Hall v. New York, Chicago & St. Louis Railroad
Appellate Division of the Supreme Court of New York · Decided May 22, 1907 · McLennan
105 N.Y.S. 1119 (New York Supplement)
Hall v. New York, Chicago & St. Louis Railroad

Opinion of the Court

PER CURIAM.

Judgment and order affirmed, with costs.

Dissenting Opinion

McLENNAN, P. j.,

dissents, and votes for reversal on the ground that the plaintiff was guilty of contributory negligence as matter of law (Fiddler v. N. Y. C., etc., 64 App. Div. 95, 71 N. Y. Supp. 721 ; Fealey v. Bull, 163 N. Y. 397. 57 N. E. 631 ; Culhane v. N. Y. C., etc., 60 N. Y. 133 : Rich v. Pa. R. R. Co., 112 App. Div. 818. 98 N. Y. Supp. 678), and also on the ground that the finding of the jury that the defendant was guilty of negligence which was the proximate cause of the accident was contrary to and against the weight of evidence.

ROBSON, J., not voting.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.