Garlisch v. New York, Ontario & Western Railway Co.

Judgment and order reversed and new trial granted, costs to abide the event, on the authority of Kavanagh v. New York, Ontario & Western R. Co. [196 App. Div. 384], decided herewith.- Rich, Blaekmar and Jaycox, JJ., concur; Mills, J., votes to affirm upon the ground that the term “ negligence ” used in the portion of the charge criticised was intended to include the idea of proximate cause, with whom Jenks, P. J., concurs.