Legal Opinion

Geier v. Boston & Maine Railroad

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1927Published

1Opinion of the Court

Judgment and order reversed on the law and facts, and new trial granted, with costs to the appellant to abide the event, on the ground that the verdict is against the weight of evidence on the question of contributory negligence. Cochrane, P. J., McCann and Davis, JJ., concur; Van Kirk and Hinman, JJ., concur for reversal, but vote for dismissal, on the ground that the deceased was guilty of contributory negligence as a matter of law. (Raymer v. Rutland R. R. Co., 204 App. Div. 135, and cases cited 137; Cassidy v. Fonda, J. & G. R. R. Co., 200 id. 241; 202 id. 768; affd., 234 N. Y. 599;…

2Cases cited4 opinions

  1. Cassidy v. . Fonda, Johnstown and Gloversville Rd. Co.New York Court of Appeals · 1922
  2. Spencer v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
  3. Raymer v. Rutland RailroadAppellate Division of the Supreme Court of the State of New York · 1923
  4. Spencer v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1909

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