New York Court of Appeals, 1920

Nodwell v. . New York Railways Company

Nodwell v. . New York Railways Company
New York Court of Appeals · Decided February 24, 1920 · <italic>Per Curiam</italic>.
126 N.E. 916; 228 N.Y. 547; 1920 N.Y. LEXIS 1004 (North Eastern Reporter)

Nodwell v. . New York Railways Company

Opinion of the Court

Per Curiam.

We think that in the absence of evidence of the layout of the tracks and the nature of the curve, if any, along which the defendant’s car was approaching, the plaintiff failed to establish her freedom from contributory negligence.

*548 The judgments should be reversed and a new trial granted, with costs to abide the event.

His cock, Ch. J., Chase, Collin, Pound and Crane, JJ., concur; Cardozo and Andrews, JJ., not voting.

Judgments reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.