Strapp v. New York Central & Hudson River Railroad

Plaintiff’s exceptions sustained and motion for new trial granted, with costs to plaintiff to abide even;. Held, that the questions of contributory negligence and of defendant’s negligence were questions of fact for the jury. All concurred, except McLennan, P. J., who dissented upon the ground that as matter of law the deceased was not shown free from contributory negligence and that defendant was not shown guilty of actionable negligence.