Appellate Division of the Supreme Court of New York, 1914

Hetherston v. Central Park, North & East River Railroad

Hetherston v. Central Park, North & East River Railroad
Appellate Division of the Supreme Court of New York · Decided June 15, 1914
163 A.D. 942
Hetherston v. Central Park, North & East River Railroad

Opinion of the Court

Per Curiam:

The verdict of the jury that the defendant was negligent and that the plaintiff was free from contributory negligence is against the freight of evidence. The j udgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to appellant to abide the event. Present—Ingraham, P. J., Laughlin, Clarke, Dowling and Hotchkiss, JJ.; Dowling, J., dissented. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.

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