O'Brien v. New York Central H. River R.R. Co.

Full title: Frank O'Brien, Respondent, v. The New York Central and Hudson River…

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

Date published: Jan 1, 1911

142 App. Div. 928 (N.Y. App. Div. 1911)

Opinion

January, 1911.

Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that as matter of law the defendant was not shown guilty of actionable negligence, and that the blowing of the whistle was not shown to be the proximate cause of the accident. All concurred, except Spring and Robson, JJ., who dissented.