Appellate Division of the Supreme Court of New York, 1917

Halpine v. International Railway Co.

Halpine v. International Railway Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1917
181 A.D. 966
Halpine v. International Railway Co.

Opinion of the Court

Judgment and order reversed and new trial granted, with osts to appellant to abide event. Held, (l) that the verdict is against the *967weight óf the evidence upon the question of the condition of the plaintiff’s heart being due to the accident; (2) that the court erred in charging the jury that there was “ no evidence that the placing of a dog or catch on the outside of the door jamb to prevent the door swinging out into the vestibule was impracticable or impossible.” All concurred; Kruse, P. J., in result upon second ground stated.

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