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Barry v. Boston and Maine Railroad

Appellate Division of the Supreme Court of New York, Third Department
Jan 1, 1930
228 App. Div. 744 (N.Y. App. Div. 1930)

Opinion

January, 1930.


Judgment and order affirmed, with costs. Whitmyer, Hill and Hasbrouck, JJ., concur; Hinman, J., dissents and votes for reversal and new trial on the ground that on the testimony of the plaintiff himself the verdict of the jury is against the weight of the evidence as to the negligence of the defendant; and on the further ground that the court erred in refusing to charge, as requested, that "if Davis did actually direct his remarks to Smith and that Barry erroneously thought Davis was directing his remarks to him, that that was Barry's error and he cannot recover." Van Kirk, P.J., concurs with Hinman, J., on the latter ground.


Summaries of

Barry v. Boston and Maine Railroad

Appellate Division of the Supreme Court of New York, Third Department
Jan 1, 1930
228 App. Div. 744 (N.Y. App. Div. 1930)
Case details for

Barry v. Boston and Maine Railroad

Case Details

Full title:FRED W. BARRY, Respondent, v. BOSTON AND MAINE RAILROAD, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 1, 1930

Citations

228 App. Div. 744 (N.Y. App. Div. 1930)