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Lentsch v. International Railway Co.

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1915-05-15
Citations: 169 A.D. 911, 153 N.Y.S. 1124
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Lead Opinion

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the assumption of the court in charging the jury that the car was in sight but not within the radius of safety, is not warranted by the testimony actually given by the plaintiff, and that the exception to the charge presents reversible error. All concurred, except Robson, J., who dissented.