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Wagner v. International Railway Company

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1919
189 App. Div. 925 (N.Y. App. Div. 1919)

Opinion

October, 1919.


Plaintiff's exceptions overruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the verdict, with costs. All concurred, except Lambert, J., who dissented upon the ground: (1) That error was committed by the trial court in refusing to submit to the jury the question whether or not the plaintiff was guilty of contributory negligence in going upon the trestle to save life, even in the absence of an invitation by the defendant to do so; (2) that that question as well as the defendant's negligence, was for the jury.


Summaries of

Wagner v. International Railway Company

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1919
189 App. Div. 925 (N.Y. App. Div. 1919)
Case details for

Wagner v. International Railway Company

Case Details

Full title:ARTHUR WAGNER, Plaintiff, v. INTERNATIONAL RAILWAY COMPANY, Defendant

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

Date published: Oct 1, 1919

Citations

189 App. Div. 925 (N.Y. App. Div. 1919)