Appellate Division of the Supreme Court of New York, 1909

Perander v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of New York · Decided March 15, 1909

131 A.D. 917; 115 N.Y.S. 1139

Opinion of the Court

Judgment and order of the Municipal Court reversed and new trial ordered, costs to abide the event, on the ground that the plaintiff failed to make out a case establishing his freedom from negligence contributing to the accident. (See Lofsten v. Brooklyn Heights Railroad Co., 184 N. Y. 148, and authorities cited.) Woodward, Jenks, Gaynor, Burr and Rich, JJ., concurred.

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