Lee v. Delaware, L. & W. R. Co

The facts upon which this cause of action is based are substantially the same as those in the Bush Case, decided in this court in 54 App. Div. 616, 66 N. Y. Supp. 1128, and affirmed by the court of appeals in 166 N. Y. 210, 59 N. E. 838. The plaintiff here was injured by the same accident which was the cause of the intestate’s death in that case, and the defendant’s negligence in respect to him is in no wise different from what it was in respect to Bush. It is claimed by the appellant, however, that the evidence in this case shows a different situation with reference to this .plaintiff’s…