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Conway v. Auburn City Railway Company

Walter J. Conway, Appellant, v. Auburn City Railway Company, Respondent

Conway v. Auburn City Ry. Co., 73 N.E. 1129 (N.Y. 1905)
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Court
New York Court of Appeals · State Highest Courts
Decided
February 3, 1905
Citations
73 N.E. 1129180 N.Y. 5491905 N.Y. LEXIS 1146
Summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 21, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Haight, Yann and Werner, JJ.; Bartlett, J., dissents on the ground that plaintiff, as matter of law, was not guilty of contributory negligence. There was enough conflict in the evidence to require its submission to the jury.

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