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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 23, 1904

StatusPublished

This text of 90 N.Y.S. 1104 (Lydon v. New York Cent. & H. R. R.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

90 N.Y.S. 1104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lydon-v-new-york-cent-h-r-r-nyappdiv-1904.