McDade v. International Railway Co.

Appellate Division of the Supreme Court of New York

McDade v. International Railway Co.

201 A.D. 874, 193 N.Y.S. 942

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1922·Published

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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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).

McDade v. International Railway Co., 201 A.D. 874, 193 N.Y.S. 942 (N.Y. Ct. App. 1922).

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Opinion

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