Dean v. New York State Railways

167 A.D. 958, 152 N.Y.S. 1106

Opinion

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the verdict is against the weight of the evidence on the question of the contributory negligence of plaintiff’s intestate, and that the court erred in excluding the evidence offered concerning the relation between the deceased and his child. All concurred, except Kruse, P. J., who dissented.