Appellate Division of the Supreme Court of New York, 1923

Kelly v. New York & Harlem Railroad

Kelly v. New York & Harlem Railroad
Appellate Division of the Supreme Court of New York · Decided November 15, 1923
207 A.D. 866
Kelly v. New York & Harlem Railroad

Opinion of the Court

Judgment reversed upon the law and the facts, and a new trial granted, with costs to appellant to abide the event. The evidence presented a question of fact as to the negligence of the defendants and contributory negligence of deceased, to be decided by the jury. If the evidence of plaintiff’s witnesses was conflicting in some of the details, or if different inferences might be drawn, these were matters for the jury. Kelly, P. J., Rich, Manning, Kelby and Kapper, JJ., concur.

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