McMahon v. New York State Railways

Full title: Mary McMahon, as Administratrix, etc., Respondent, v. New York State…

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

Date published: May 1, 1915

169 App. Div. 912 (N.Y. App. Div. 1915)

Opinion

May, 1915.

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the court erred in charging the jury that it was the duty of the motorman to exercise reasonable care in discovering the plaintiff's intestate upon its tracks. All concurred; Robson, J., not sitting.