Knapp v. New York, N. H. & H. Railroad

Appellate Division of the Supreme Court of New York

Knapp v. New York, N. H. & H. Railroad

122 N.Y.S. 1133

Appellate Division of the Supreme Court of the State of New York·Decided April 22, 1910·Published

Opinion

PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, upon the ground that there is no evidence that the decedent either looked or listened before he went upon the railroad track, and that it affirmatively appears that if he had so looked, or if he had so listened, he might have seen or heard the approaching train and avoided the accident which resulted in his death. Harrison v. N. Y. C. H. R. R. Co., 195 N. Y. 90, 87 N. E. 802; Wieland v. Delaware & Hudson Canal Co., 167 N. Y. 26, 60 N. E. 234, 82 Am. St. Rep. 707.

HIRSCHBERG, P. J., dissents.

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PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, upon the ground that there is no evidence that the decedent either looked or listened before he went upon the railroad track, and that it affirmatively appears that if he had so looked, or if he had so listened, he might have seen or heard the approaching train and avoided the accident which resulted in his death. Harrison v. N. Y. C. H. R. R. Co., 195 N. Y. 90, 87 N. E. 802; Wieland v. Delaware & Hudson Canal Co., 167 N. Y. 26, 60 N. E. 234, 82 Am. St. Rep. 707.

HIRSCHBERG, P. J., dissents.

Knapp v. New York, N. H. & H. Railroad, 122 N.Y.S. 1133 (N.Y. Ct. App. 1910).

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Opinion

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