Westfield v. New York Central & Hudson River Railroad

108 N.Y.S. 1150 | N.Y. App. Div. | 1908

Judgment and order reversed and n.ew trial ordered, with costs to appellant to abide event, upon questions of law only. Held, that the plaintiff failed to establish freedom from contributory negligence. All concurred; Williams and Robson, JJ., voted for reversal on the ground that the verdict of the jury that the plaintiff was free from contributory negligence was contrary to and against the weight of the evidence.