Dean v. New York State Railways

Full title: John Dean, as Administrator, etc., Respondent, v. The New York State…

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

Date published: Mar 1, 1915

167 App. Div. 958 (N.Y. App. Div. 1915)

Opinion

March, 1915.

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the verdict is against the weight of the evidence on the question of the contributory negligence of plaintiff's intestate, and that the court erred in excluding the evidence offered concerning the relation between the deceased and his child. All concurred, except Kruse, P.J., who dissented.