Dittmar v. International Railway Co.

159 N.Y.S. 1109 | N.Y. App. Div. | 1916

Per curiam

memorandum. Held, that the court instructed the jury that a greater degree of care was incumbent on the defendant than the circumstances of the case justified. All concur; Rambert and Morrell, JJ., concurring in reversal and voting for the dismissal of the complaint upon the ground that it affirmatively appears that the plaintiff did not slip upon the icy car step, but upon the street after she had alighted.

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