Appellate Division of the Supreme Court of New York, 1940

Hoerup v. Yonkers Railroad Co.

Hoerup v. Yonkers Railroad Co.
Appellate Division of the Supreme Court of New York · Decided December 23, 1940
260 A.D. 1041; 24 N.Y.S.2d 1017; 1940 N.Y. App. Div. LEXIS 5988
Hoerup v. Yonkers Railroad Co.

Opinion of the Court

In an action to recover damages for personal injuries sustained by plaintiff when she was alighting through the rear door of defendant’s trolley car, judgment of *1042the City Court of Yonkers, entered on the verdict of a jury in favor of plaintiff, affirmed, with costs. No opinion. Johnston, Taylor and Close, JJ., concur; Lazansky, P. J., and Adel, J., dissent and vote to reverse the judgment and to dismiss the complaint on the ground that plaintiff was guilty of contributory negligence as a matter of law.

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