Fierro v. New York Central Railroad

229 A.D. 776 | N.Y. App. Div. | 1930

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, upon the ground that the evidence of the plaintiff, which was uncontradicted, would have justified the jury in finding that plaintiff’s intestate came to Ms death as the result of the negligence of the defendant, respondent, in the operation of its train. Present — Dowling, P. J., Merrell, Martin, O’Malley and Sherman, JJ.