Allbring v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of New York

Allbring v. New York Central & Hudson River Railroad

69 N.Y.S. 1128

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 4, 1901

StatusPublished

This text of 69 N.Y.S. 1128 (Allbring v. New York Central & Hudson River Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allbring v. New York Central & Hudson River Railroad, 69 N.Y.S. 1128 (N.Y. Ct. App. 1901).

Pincite

Opinion

PER CURIAM.

Order amended so as to read: “Order appealed from reversed, solely upon the ground that the evidence in the case was not sufficient to take the case to the jury upon the question of the absence of contributory negligence, and the question of the negligence of the defendant having caused the injury. We have examined all the facts in the case, and find no error therein; assuming_ that they we're sufficient to authorize a submission to the jury upon the two issues above specified.” All concur, except McLENNAN, J., who dissents upon the ground that the order which we are asked to amend, correctly discloses the grounds' upon which the case was decided. See 62 N. Y. Supp. 1131.

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PER CURIAM.

Order amended so as to read: “Order appealed from reversed, solely upon the ground that the evidence in the case was not sufficient to take the case to the jury upon the question of the absence of contributory negligence, and the question of the negligence of the defendant having caused the injury. We have examined all the facts in the case, and find no error therein; assuming_ that they we're sufficient to authorize a submission to the jury upon the two issues above specified.” All concur, except McLENNAN, J., who dissents upon the ground that the order which we are asked to amend, correctly discloses the grounds' upon which the case was decided. See 62 N. Y. Supp. 1131.

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Bluebook (online)

69 N.Y.S. 1128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allbring-v-new-york-central-hudson-river-railroad-nyappdiv-1901.