Keegan v. Union Railway Co.

Appellate Division of the Supreme Court of New York

Keegan v. Union Railway Co.

254 A.D. 863, 6 N.Y.S.2d 372, 1938 N.Y. App. Div. LEXIS 8072

Appellate Division of the Supreme Court of the State of New York·Decided June 24, 1938·Published

Opinion

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that there was an issue of fact upon the question of the defendant’s negligence and the contributory negligence of plaintiffs intestate. We do not pass upon the question as to whether a verdict may have been directed under section 457-a of the Civil Practice Act. Present — O’Malley, Untermyer, Dore, Cohn and Callahan, JJ.; Cohn, J., dissents and votes for affirmance.

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Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that there was an issue of fact upon the question of the defendant’s negligence and the contributory negligence of plaintiffs intestate. We do not pass upon the question as to whether a verdict may have been directed under section 457-a of the Civil Practice Act. Present — O’Malley, Untermyer, Dore, Cohn and Callahan, JJ.; Cohn, J., dissents and votes for affirmance.

Keegan v. Union Railway Co., 254 A.D. 863, 6 N.Y.S.2d 372, 1938 N.Y. App. Div. LEXIS 8072 (N.Y. Ct. App. 1938).

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254 A.D. 863 (Keegan v. Union Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.