Brant v. Third Avenue Railroad Company

Full title: CHARLES E. BRANT, Appellant, v . THIRD AVENUE RAILROAD COMPANY, Respondent

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

Date published: Jun 1, 1908

126 App. Div. 941 (N.Y. App. Div. 1908)

Opinion

June, 1908.

Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ.

PER CURIAM:

We think there should be a new trial in this case on the ground that the question as to the defendant's negligence and the plaintiff's freedom from contributory negligence should have been presented to the jury. The judgment should be reversed and new trial ordered, with costs to appellant to abide event.

PER CURIAM:

Judgment reversed, new trial ordered, costs to appellant to abide event.