Egelston v. . the New York, Chicago and St. Louis Rd. Co.

Court: New York Court of Appeals
Date filed: 1912-05-07
Citations: 98 N.E. 748, 205 N.Y. 579, 1912 N.Y. LEXIS 1327
Copy Citations
2 Citing Cases
Lead Opinion

Judgment reversed, new trial granted, costs to abide event, on the ground that, while the custom of other companies was not controlling it was competent evidence to be considered by the jury in determining as to the *Page 580 necessity or propriety of a rule regulating the movement of cars, and that the exclusion of proof of the custom was too serious an error to be disregarded. No opinion.

CULLEN, Ch. J., GRAY, WERNER, HISCOCK and COLLIN, JJ., concur.