Cole v. Central New England Railway Co.

131 N.Y.S. 1108 | N.Y. App. Div. | 1911

Order setting aside verdict and granting new trial reversed, with costs, upon the ground that no errors were committed upon the trial to plaintiff’s prejudice, and upon the further ground that plaintiff failed to show that decedent was free from negligence contributing to the injury. Jenlts, P. J.. Burr, Thomas and Carr, JJ, concurred; Hirschberg, J., dissented.