Stafford v. New York Central Railroad Company

Full title: JOSEPH A. STAFFORD, Appellant, v. NEW YORK CENTRAL RAILROAD COMPANY…

Court: Court of Appeals of the State of New York

Date published: Mar 1, 1938

13 N.E.2d 776 (N.Y. 1938)

13 N.E.2d 776

Opinion

Argued January 17, 1938

Decided March 1, 1938

Appeal from the Supreme Court, Appellate Division, Fourth Department.

W. Tobin Lennon for appellant.

John E. Leach, Franklin R. Brown and Mark N. Turner for respondent.

Judgment of the Appellate Division dismissing the complaint modified by granting a new trial, with costs to abide the event. The evidence made a question for the jury, and the complaint should not have been dismissed. No opinion.

Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: HUBBS, J.