Decker v. Lehigh & Hudson River Railway Co.

Appellate Division of the Supreme Court of New York

Decker v. Lehigh & Hudson River Railway Co.

217 A.D. 773

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1926·Published

Opinion

Reargument ordered. Was not the verdict of the jury finding the decedent guilty of contributory negligence inconsistent with a recovery? The verdict finding the decedent guilty of contributory negligence implies a finding that he had received timely warning of the presence of the bridge; and if he had received such warning, then how can the defendant be found guilty of negligence? Reargument is also ordered upon the question of alleged error in the judge’s charge with reference to the failure of the defendant to supply a light on the bridge. Case set down for October 11, 1926. Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Reargument ordered. Was not the verdict of the jury finding the decedent guilty of contributory negligence inconsistent with a recovery? The verdict finding the decedent guilty of contributory negligence implies a finding that he had received timely warning of the presence of the bridge; and if he had received such warning, then how can the defendant be found guilty of negligence? Reargument is also ordered upon the question of alleged error in the judge’s charge with reference to the failure of the defendant to supply a light on the bridge. Case set down for October 11, 1926. Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ., concur.

Decker v. Lehigh & Hudson River Railway Co., 217 A.D. 773 (N.Y. Ct. App. 1926).

Pincite

217 A.D. 773 (Decker v. Lehigh & Hudson River Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.