Brainard v. New York, Ontario & Western Railway Co.

121 N.Y.S. 1126 | N.Y. App. Div. | 1910

Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that the finding of the jury that the plaintiff was assured by the superintendent .three years prior to the accident that he need take no care for his own safety is contrary to and against the weight of evidence. All concurred, except Spring .and Robson, JJ., who dissented.