Appellate Division of the Supreme Court of New York, 1908

Westfield v. New York Central & Hudson River Railroad

Westfield v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of New York · Decided January 15, 1908
123 A.D. 915; 108 N.Y.S. 1150
Westfield v. New York Central & Hudson River Railroad

Opinion of the Court

Judgment and order reversed and n.ew trial ordered, with costs to appellant to abide event, upon questions of law only. Held, that the plaintiff failed to establish freedom from contributory negligence. All concurred; Williams and Robson, JJ., voted for reversal on the ground that the verdict of the jury that the plaintiff was free from contributory negligence was contrary to and against the weight of the evidence.

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