Hull v. New York Central and Hudson River Rd. Co.

Full title: S. Augusta Hull, as Administratrix, etc., of Edgar G. Hull, Deceased…

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

Date published: May 1, 1906

113 App. Div. 888 (N.Y. App. Div. 1906)

Opinion

May, 1906.

Judgment and order affirmed, with costs. All concurred, except McLennan, P.J., and Nash, J., who dissented and voted for reversal on the ground that the testimony of the defendant's witnesses that the locomotive was subjected to frequent and thorough inspection by competent inspectors is uncontradicted, and that there should have been a dismissal of the complaint upon this ground. ( Smith v. N.Y.C. H.R.R.R. Co., 164 N.Y. 491; Biddiscomb v. Cameron, 35 App. Div. 561; affd., 161 N.Y. 637. )