WAKEMAN v. NEW YORK, NEW HAVEN AND HARTFORD RD. CO., 272 N.Y. 625 (1936)

5 N.E.2d 363

Court of Appeals of the State of New York.Argued October 13, 1936
Decided November 24, 1936

Appeal from the Supreme Court, Appellate Division, First Department.

Page 626

Thomas J. O’Neill and Edward F. Cavanagh, Jr., for appellant.

Kenneth O. Mott-Smith, Clive C. Handy and John M. Gibbons
for respondents.

Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that the evidence presented a question of fact for the jury. No opinion.

Concur: CRANE, Ch. J., LEHMAN, O’BRIEN, HUBBS, LOUGHRAN and FINCH, JJ.; CROUCH, J., taking no part.