Hartman v. New York State Railways

Full title: FRED F. HARTMAN, Respondent, v. NEW YORK STATE RAILWAYS, Appellant

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

Date published: Jul 1, 1930

230 App. Div. 776 (N.Y. App. Div. 1930)

Opinion

July, 1930.

Present — Sears, P.J., Crouch, Taylor, Edgcomb and Crosby, JJ.

Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event upon the ground that the finding of the jury of the plaintiff's freedom from contributory negligence was against the weight of the evidence. All concur, except Crosby, J., who dissents and votes for affirmance.