McCormick v. New York Central Railroad 283 A.D. 994

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event, upon the ground that the evidence presented questions of fact for the jury. All concur, except Wheeler, J., who dissents and votes for affirmance. (Appeal from a judgment dismissing plaintiff’s complaint in a railroad negligence action.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.