Gorham v. Syracuse, Lake Shore & Northern Railroad ( 1914 )

Judgment and order reversed and new trial granted in the City Court of Fulton, to be held on the 28th day of January, 1914, at ten o’clock A. M., with costs to appellant to abide event. Held, that the judgment of the City Court was contrary to and against the weight of the evidence, both upon the question of defendant’s negligence and upon plaintiff’s freedom from negligence which contributed to the accident. All concurred, except Kruse, P. J., and Robson, J., who dissented.