Dowdell v. Lackawanna Steel Co.

108 N.Y.S. 1130 | N.Y. App. Div. | 1908

Judgment and order reversed’ and new'trial ordered, with costs to appellant to abide event. Held, that upon the facts which were submitted to . the jury the defendant was not^shown to have been guilty of actionable negligence;'that under the holding of the trial court the negligence, if any, which caused the accident was the negligence of a coservant of the plaintiff, for which the defendant is not liable. ' All concurred.