O'Donnell v. New York Central & Hudson River Railroad

86 N.Y.S. 1142

Opinion

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event. Held, that the question of defendant’s negligence, plaintiff’s freedom from negligence, and whether the plaintiff at the time of the accident was engaged in the line of his duty, were questions of fact for the jury.

SPRING and STOVER, JJ., dissent.