Howe v. New York Central & Hudson River Railroad

91 N.Y.S. 1098

Opinion

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law only; the facts having been examined and no error found therein. Held, that it was error to exclude the evidence offered by the defendant as to the conditions and nature of the soil on either side of the plaintiff’s lands.

SPRING, J., dissents.

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Howe v. New York Central & Hudson River Railroad, 91 N.Y.S. 1098 (N.Y. Ct. App. 1905).

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