Sumner v. N. Y. Central and Hudson River R.R

Full title: David C. Sumner, as Administrator, etc., Respondent, v. The New York…

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

Date published: May 1, 1915

169 App. Div. 914 (N.Y. App. Div. 1915)

Opinion

May, 1915.

Judgment affirmed, with costs. All concurred, except Foote and Merrell, JJ., who dissented, upon the ground that whether plaintiff's intestate fell while standing beside defendant's tracks or while about to cross the tracks as a traveler upon the highway, or as an intending passenger, she was in either event guilty of contributory negligence as matter of law.