Edgerton v. New York State Railways

Full title: Jedediah P. Edgerton, Appellant, v. New York State Railways, Respondent

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

Date published: May 1, 1916

173 App. Div. 1001 (N.Y. App. Div. 1916)

Opinion

May, 1916.

Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that the question of the plaintiff's contributory negligence, as well as that of the defendant's negligence, was a question of fact for the jury. All concurred, except Foote, J., who dissented, and De Angelis, J., not voting.