Appellate Division of the Supreme Court of New York, 1908

Manning v. Delaware, Lackawanna & Western Railroad

Manning v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of New York · Decided March 15, 1908
125 A.D. 900; 109 N.Y.S. 1138
Manning v. Delaware, Lackawanna & Western Railroad

Opinion of the Court

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the verdict of the jury was contrary to and against the weight of the evidence. All concurred, McLennan, P. J., and Spring, J., voting for reversal upon the ground that the evidence fails to show that the defendant was guilty of negligence which caused or contributed to the injury complained of.

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