Mowrey v. . Central City Railway

51 N.Y. 666 | NY | 1873

JOHNSON and REYNOLDS, CC., read for affirmance.

All concur, upon the ground that the question of contributory negligence should have been submitted to the jury; but do not consider the question discussed by JOHNSON, C., as to how far infancy or infirmity may be considered in passing upon the question of contributory negligence.

Order reversed and judgment absolute directed against defendant.