Appellate Division of the Supreme Court of New York, 1919

Fuller v. New York Central Railroad

Fuller v. New York Central Railroad
Appellate Division of the Supreme Court of New York · Decided March 15, 1919
187 A.D. 971
Fuller v. New York Central Railroad

Opinion of the Court

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, we are of the opinion that the exceptions taken by the defendant to the refusal of the court to unqualifiedly charge as requested by the defendant’s counsel present reversible error. The instructions were required under the rule laid down in Dolfini v. Erie R. R. Co. (178 N. Y. 1). We are also of the opinion that the Court of Appeals did not intend to limit or overrule the Dolfini case by the decision in Carr v. Pennsylvania R. R. Co. (225 N. Y. 44). All concurred.

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