McDade v. International Railway Co.
This text of 201 A.D. 874 (McDade v. International Railway Co.) 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.
Opinion
Judgment affirmed, with costs. All concur, except Davis, J., who dissents and votes for reversal, upon the ground that at the time of the accident the plaintiff was a public officer, engaged in the discharge of his duty, and that it was a question of fact as to whether or not he was guilty of contributory negligence and it could not be determined as a question of law by the court under the authority of Xenodochius v. Fifth Ave. Coach Co. (129 App. Div. 26); Smith v. Bailey (14 id. 283); Lewis v. Binghamton R. R. Co. (35 id. 12); Reilly v. Interurban St. R. Co. (108 id. 254), and O’Connor v. Union R. Co. (67 id. 99).
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Cite This Page — Counsel Stack
201 A.D. 874, 193 N.Y.S. 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdade-v-international-railway-co-nyappdiv-1922.