Judgment and order affirmed, with costs. All concurred, except McLennan, P. J., who dissented on "the ground that the finding of the jury that there was an opening between the outside edge of the southerly rail and the sidewalk planking, which was the only negligence submitted to the jury, w'as against the weight of the evidence, and also because of errors of the court in refusing to charge as requested.
Simkoff v. Lehigh Valley Railroad Co.
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1907-03-15
Citations: 118 A.D. 918, 103 N.Y.S. 1142
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