Hunter v. Cooperstown & Susquehanna Valley R. R. Co.

26 N.Y. St. Rep. 984

Opinion

Motion granted and new trial ordered, with costs to abide the event. Held, the evidence given on the last trial is' essentially different from that given on the former trial. As the evidence now stands we think the question of the defendant’s negligence and whether the plaintiffs’ intestate was guilty of contributory negligence were questions of fact for the jury. -t