Brainard v. New York, Ontario Western R. C

Full title: Warner Brainard, Respondent, v. The New York, Ontario and Western Railway…

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

Date published: Feb 1, 1910

136 App. Div. 944 (N.Y. App. Div. 1910)

Opinion

February, 1910.

Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that the finding of the jury that the plaintiff was assured by the superintendent three years prior to the accident that he need take no care for his own safety is contrary to and against the weight of evidence. All concurred, except Spring and Robson, JJ., who dissented.