Brady v. Brooklyn Heights Railroad

88 N.Y.S. 1093

Opinion

PER CURIAM.

Order setting aside verdict reversed, with costs, and judgment directed in favor of the plaintiff, with costs. We think the evidence in the case was sufficient to justify a submission to the jury of the question whether or not the circumstances did affirmatively establish that the plaintiff’s decedent was free from contributory negligence.

Jenks, J., dissents.