Drejza v. New York State Railways

Full title: WALTER DREJZA, Appellant, v. NEW YORK STATE RAILWAYS, Respondent

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

Date published: Apr 1, 1927

220 App. Div. 745 (N.Y. App. Div. 1927)

Opinion

April, 1927.

Present — Hubbs, P.J., Clark, Crouch, Taylor and Sawyer, JJ.

Judgment and order reversed on the law and a new trial granted, with costs to appellant to abide the event, upon the ground that the judge's charge on the question of paramount right of way was error and that such error was not cured by other portions of the charge. All concur, except Clark and Crouch, JJ., who dissent and vote for affirmance.