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PAYNE v. NORTON

277 A.D. 1134 (1950)

John S. Payne, Respondent, v. Henry K. Norton, as Trustee of The New York, Susquehanna and Western Railroad Company, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 11, 1950.

On appeal by Henry K. Norton, as Trustee, etc., the judgment as to him is reversed on the law and the facts, with costs, and the complaint dismissed on the law as to said defendant, with costs.

Sneed, J., concurs, being of the further opinion that the uncontroverted proof establishes plaintiff's contributory negligence as a matter of law. (Knapp v. Barrett, 216 N.Y. 226, 230.)

Nolan, P. J., concurs for reversal but dissents...

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