Appellate Division of the Supreme Court of New York, 1908

Lidzy v. New York Central & Hudson River Railroad

Lidzy v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of New York · Decided July 7, 1908
111 N.Y.S. 1128 (New York Supplement)
Lidzy v. New York Central & Hudson River Railroad

Opinion of the Court

PER CURIAM.

Judgment reversed; and new trial ordered, with costs to appellant to abide event. Held, that as matter of law plaintiff’s intestate assumed the risk and was guilty of contributory negligence.

McLennan, P. j., and SPRING, J., .dissent.

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