New York Court of Appeals, 1903

Lonergan v. . Erie Railroad Company

Lonergan v. . Erie Railroad Company
New York Court of Appeals · Decided January 27, 1903 · Ouriam
66 N.E. 1105; 173 N.Y. 616; 1903 N.Y. LEXIS 1239 (North Eastern Reporter)

Lonergan v. . Erie Railroad Company

Opinion of the Court

Per Ouriam.

The order appealed from should be affirmed, as the undisputed evidence establishes the contributory negligence of the plaintiffs’ intestate, and judgment absolute should be entered in favor of the defendant and against the plaintiffs, with costs, according to stipulation.

Gray, Bartlett, Haight, Martin and Vann, JJ., concur; Parker, Ch. J., and Werner, J., dissent.

Order affirmed, etc.

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