Lydon v. New York Cent. & H. R. R.

Appellate Division of the Supreme Court of New York

Lydon v. New York Cent. & H. R. R.

90 N.Y.S. 1104

Appellate Division of the Supreme Court of the State of New York·Decided November 23, 1904·Published

Opinion

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law and fact. Held, that a finding that tne cars on the branch track were nearer - to the planking on the highway than from five to seven feet would be contrary to the evidence, and, if the cars were that distance from the planking, then the finding that the deceased was free from contributory negligence was contrary to the evidence.

McLennan, P. J., dissents. HISCOCK, J., not voting.

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PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law and fact. Held, that a finding that tne cars on the branch track were nearer - to the planking on the highway than from five to seven feet would be contrary to the evidence, and, if the cars were that distance from the planking, then the finding that the deceased was free from contributory negligence was contrary to the evidence.

McLennan, P. J., dissents. HISCOCK, J., not voting.

Lydon v. New York Cent. & H. R. R., 90 N.Y.S. 1104 (N.Y. Ct. App. 1904).

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90 N.Y.S. 1104 (Lydon v. New York Cent. & H. R. R.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.