Estabrook v. Newburgh Light, Heat & Power Co. ( 1912 )

—We think, under the authority of McDonald v. Metropolitan St. R. Co. (167 N. Y. 66), the case should have been submitted to the jury. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, P. J., Thomas, Carr, Woodward and Rich, JJ., concurred.