Berok v. New York Central Railroad

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1929-11-15
Citations: 227 A.D. 779
Copy Citations
Click to Find Citing Cases
Lead Opinion

Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event, upon the ground that an issue of fact was presented as to whether plaintiff’s conduct was such as to result in an irrevocable election to take compensation. (Ellich v. Hamburg-Amerikanische P. A. Gessellschafi, 226 App. Div. 32.) Present — Dowling, P. J., Finch, McAvoy, Martin and O’Malley, JJ.