Appellate Division of the Supreme Court of New York, 1908

Faudington v. Erie Railroad

Faudington v. Erie Railroad
Appellate Division of the Supreme Court of New York · Decided June 15, 1908
127 A.D. 928; 111 N.Y.S. 1118
Faudington v. Erie Railroad

Opinion of the Court

Without passing upon the merits of the case until the facts and especially the nature and parts-of the frog and switch shall be sufficiently shown, by oral evidence; or by a suitable drawing or model, the judgment and order are reversed and a new trial ordered, costs $0 abide the-event, for the reason that upon the present evidence the case is not *929intelligible. Woodward, Jenks, Gaynor and Rich, JJ., concurred; Hooker, J., concurred in result.

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