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

Appellate Division of the Supreme Court of New York

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

83 N.Y.S. 1119

Appellate Division of the Supreme Court of the State of New York·Decided July 7, 1903·Published

Opinion

PER CURIAM.

Judgment reversed and new trial ordered, with costs to the appellant to abide event. Held, that the question of defendant’s negligence and of the freedom of the plaintiff’s intestate from contributory negligence, as well as the question of whether the intestate was rightfully upon the freight train at the time he met his death, were all questions of fact, which should have been submitted to the jury.

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PER CURIAM.

Judgment reversed and new trial ordered, with costs to the appellant to abide event. Held, that the question of defendant’s negligence and of the freedom of the plaintiff’s intestate from contributory negligence, as well as the question of whether the intestate was rightfully upon the freight train at the time he met his death, were all questions of fact, which should have been submitted to the jury.

West v. New York Cent. & H. R. R., 83 N.Y.S. 1119 (N.Y. Ct. App. 1903).

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83 N.Y.S. 1119 (West v. New York Cent. & H. R. R.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.