Opinion

Zucker v. Whitridge

  • 143 A.D. 191
  • 128 N.Y.S. 233
  • 1911 N.Y. App. Div. LEXIS 796
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 10, 1911
Status
Published
Author
Laughlin
On the bench
Dowling, Laughlin, McLaughlin, Scott
Cited by
1 cases

The opinion

Laughlin, J. (dissenting):

I am of opinion that the evidence required that the case be submitted to the jury, and that it was sufficient to sustain the verdict for the plaintiff; but on the question of freedom from contributory negligence on the part of the decedent, which was a very close one on the evidence, I think that it was prejudicial error to receive evidence tending to show that the decedent customarily exercised care in crossing railroad tracks.

I, therefore, vote for reversal.

Judgment and order affirmed, with costs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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