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Kelly v. New York and Harlem Railroad Company

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1923
207 App. Div. 866 (N.Y. App. Div. 1923)

Opinion

November, 1923.


Judgment reversed upon the law and the facts, and a new trial granted, with costs to appellant to abide the event. The evidence presented a question of fact as to the negligence of the defendants and contributory negligence of deceased, to be decided by the jury. If the evidence of plaintiff's witnesses was conflicting in some of the details, or if different inferences might be drawn, these were matters for the jury. Kelly, P.J., Rich, Manning, Kelby and Kapper, JJ., concur.


Summaries of

Kelly v. New York and Harlem Railroad Company

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1923
207 App. Div. 866 (N.Y. App. Div. 1923)
Case details for

Kelly v. New York and Harlem Railroad Company

Case Details

Full title:REGINA J. KELLY, as Executrix, etc., of EDWARD J. KELLY, Deceased…

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

Date published: Nov 1, 1923

Citations

207 App. Div. 866 (N.Y. App. Div. 1923)