Appellate Division of the Supreme Court of New York, 1913

Gombert v. Niagara Junction Railway Co.

Gombert v. Niagara Junction Railway Co.
Appellate Division of the Supreme Court of New York · Decided April 15, 1913
156 A.D. 924; 141 N.Y.S. 1121
Gombert v. Niagara Junction Railway Co.

Opinion of the Court

Judgment and order reversed and judgment directed for the defendant dismissing the complaint upon the merits, with costs, including costs of this appedl. Held, that the uncontradicted evidence shows that the plaintiff was guilty of contributory negligence as matter of law. All concurred, except Kruse, J., who dissented and voted for affirmance.

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