Pliss v. . Erie Railroad Company
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 14, 1923, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The action was to recover for damage to plaintiff’s truck through its being struck by one of defendant’s trains.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 14, 1923, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The action was to recover for damage to plaintiff’s truck through its being struck by one of defendant’s trains. At the time of the accident a highway which crossed the defendant’s right of way in the village of Gowanda between the stations of Gowanda and Collins, was being improved under a State contract. The plaintiff’s truck was being used to haul gravel in connection…
1Opinion of the Court
Order of the Appellate Division reversed and judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division. Held, that the question of plaintiff’s contributory negligence was one of fact for the jury.
Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.
2Cited by1 opinion
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