Torts · MBE-tested
Hannah MacCormick, as Administratrix, etc., of Gerard MacCormick, Deceased, Respondent, v. The New York, New Haven and Hartford Railroad Company, Defendant, Impleaded with New York, Westchester and Boston Railway Company, Appellant
209 A.D. 821·New York Supreme Court, Appellate Division·1924·NY
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Opinion
Hannah MacCormick, as Administratrix, etc., of Gerard MacCormick, Deceased, Respondent, v. The New York, New Haven and Hartford Railroad Company, Defendant, Impleaded with New York, Westchester and Boston Railway Company, Appellant.
[MAJORITY]
Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., Dowling, Smith, McAvoy and Martin, JJ.; Smith, J., dissenting on the ground that upon the evidence plaintiff’s intestate was guilty of contributory negligence.