O'Brien v. Lehigh Valley Railroad , 35 N.Y.S.2d 752 ( 1942 )

Judgment and order affirmed, with costs. All concur, except Crosby, P. J., who dissents and votes for reversal and for dismissal of the complaint on the ground that the contributory negligence of decedent was established as a matter of law. (The judgment is for plaintiff in a railroad negligence action. The order denies a motion for a new trial.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCum, JJ.