Flynn v. Yonkers Railroad

Judgment reversed and new trial granted, upon reargument, costs to abide the event, on authority of Hartell v. Simonson & Son Co. (218 N. Y. 345). We think the evidence presents a question of fact for the jury as to the liability of the defendant for the acts of the driver. We pass upon no question involved in the motion to dismiss not specifically decided by the trial court. Jenks, P. J., Thomas, Stapleton and Putnam, JJ., concurred; Carr, J., not voting.