Kane v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of New York

Kane v. New York Central & Hudson River Railroad

67 N.Y.S. 1136

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1900·Published

Opinion

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon the ground that, interpreting the evidence most favorably to the plaintiff, it was not sufficient to establish actionable negligence upon the part' of the defendant, and' upon the further ground that the plaintiff assumed the risk of the accident which resulted in his injuries, and therefore the plaintiff, as matter of law, is not entitled to recover.

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PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon the ground that, interpreting the evidence most favorably to the plaintiff, it was not sufficient to establish actionable negligence upon the part' of the defendant, and' upon the further ground that the plaintiff assumed the risk of the accident which resulted in his injuries, and therefore the plaintiff, as matter of law, is not entitled to recover.

Kane v. New York Central & Hudson River Railroad, 67 N.Y.S. 1136 (N.Y. Ct. App. 1900).

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67 N.Y.S. 1136 (Kane v. New York Central & Hudson River Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.