Appellate Division of the Supreme Court of New York, 1917

Starke v. Catskill & Albany Steamboat Co.

Starke v. Catskill & Albany Steamboat Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1917
181 A.D. 964
Starke v. Catskill & Albany Steamboat Co.

Opinion of the Court

Judgment and order reversed and new trial granted, with costs to the appellant to *965abide the event, upon the ground that under the authority of Hall v. New York Telephone Co. (220 N. Y. 299) the trial justice erroneously charged the jury that the burden of proof was on the plaintiff to establish his freedom from contributory negligence. All concurred, except Kellogg, P. J., who dissented upon the ground that the erroneous charge could not have changed the result as no legal liability was shown.

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