Blaiser v. New York, Lake Erie and Western Railroad

17 N.Y. St. Rep. 145

Opinion

Per Curiam.

We are of opinion that contributory negligence could not, as matter of law, be asserted of the plaintiff’s conduct upon the facts disclosed by the evidence. The nonsuit was therefore improper, and the case should have been submitted to the jury.

The judgment should be reversed and a new trial granted, costs to abide the event.

All concur.