Lonergan v. . Erie Railroad Company

173 N.Y. 616 | NY | 1903

The order appealed from should be affirmed, as the undisputed evidence establishes the contributory negligence of the plaintiffs' intestate, and judgment absolute should be entered in favor of the defendant and against the plaintiffs, with costs, according to stipulation.

GRAY, BARTLETT, HAIGHT, MARTIN and VANN, JJ., concur; PARKER, Ch. J., and WERNER, J., dissent.

Order affirmed, etc.