Kelly v. New York & Harlem Railroad

Judgment reversed upon the law and the facts, and a new trial granted, with costs to appellant to abide the event. The evidence presented a question of fact as to the negligence of the defendants and contributory negligence of deceased, to be decided by the jury. If the evidence of plaintiff’s witnesses was conflicting in some of the details, or if different inferences might be drawn, these were matters for the jury. Kelly, P. J., Rich, Manning, Kelby and Kapper, JJ., concur.