Dowdell v. Lackawanna Steel Co.

Appellate Division of the Supreme Court of New York

Dowdell v. Lackawanna Steel Co.

123 A.D. 912, 108 N.Y.S. 1130

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1908·Published

Opinion

Judgment and order reversed’ and new'trial ordered, with costs to appellant to abide event. Held, that upon the facts which were submitted to . the jury the defendant was not^shown to have been guilty of actionable negligence;'that under the holding of the trial court the negligence, if any, which caused the accident was the negligence of a coservant of the plaintiff, for which the defendant is not liable. ' All concurred.

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Judgment and order reversed’ and new'trial ordered, with costs to appellant to abide event. Held, that upon the facts which were submitted to . the jury the defendant was not^shown to have been guilty of actionable negligence;'that under the holding of the trial court the negligence, if any, which caused the accident was the negligence of a coservant of the plaintiff, for which the defendant is not liable. ' All concurred.

Dowdell v. Lackawanna Steel Co., 123 A.D. 912, 108 N.Y.S. 1130 (N.Y. Ct. App. 1908).

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