Torts · MBE-tested
Walter J. Conway, Appellant, v. Auburn City Railway Company, Respondent
180 N.Y. 549·New York Court of Appeals·1905·NY
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Opinion
Walter J. Conway, Appellant, v. Auburn City Railway Company, Respondent.
Conway v. Auburn City Railway Co.. 84 App. Div. 633, affirmed.
(Argued January 19, 1905;
decided February 3, 1905.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 21, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
Amasa J. Parker for appellant.
William NoUvngham for respondent.
[MAJORITY]
Judgment affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., Gray, O’Brien, Haight, Yann and Werner, JJ.; Bartlett, J., dissents on the ground that plaintiff, as matter of law, was not guilty of contributory negligence. There was enough conflict in the evidence to require its submission to the jury.