Torts · MBE-tested
Abbie J. Gannett, Appellant, v. Schenectady Railway Company, Respondent
184 N.Y. 598·New York Court of Appeals·1906·NY
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Opinion
Abbie J. Gannett, Appellant, v. Schenectady Railway Company, Respondent.
Gannett v. Schenectady Ry. Co., 101 App. Div. 611, reversed.
(Argued March 22, 1906;
decided April 6, 1906.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 27, 1905, affirming a.judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. '
Boberl J. Landon for appellant.
Daniel Naylor, Jr., and Edwa/rd G. ~WTiitmyer for respondent.
[MAJORITY]
Judgment reversed and new trial granted, costs to abide event, on the ground that the question of plaintiff’s contributory negligence was one of fact for the jury ; no opinion.
Concur: Cullen, Ch. J., Edwabd T. Babtlett, Haight, Vann and Willabd. Babtlett, JJ. Dissenting: Gbay, J. Not sitting:' Chase, J.