Murphy v. Eighth Avenue Railroad

Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.; Clarke, P. J., dissenting.

I dissent upon the ground that the finding of the jury that defendant was negligent and the decedent free from contributory negligence is against the evidence and the weight thereof, and further upon the ground that the learned trial court submitted contradictory instructions to the jury calculated to obscure and mislead, some of them based upon assumptions of fact not warranted by the evidence.