May, 1911.
Judgment and order affirmed, with costs. All concurred, except McLennan, P.J., who dissented upon the ground that the defendant was not shown guilty of actionable negligence and that the plaintiff was guilty of contributory negligence as matter of law.
Full title:John L. Kelley, Respondent, v. New York State Railways, Appellant
Court:Appellate Division of the Supreme Court of New York, Fourth Department
Date published: May 1, 1911
Comparison reveals that this indictment tracks the language of the statute and is sufficient to defeat the…