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HISCOCK v. LONG ISLAND RAIL RD. CO.

280 A.D. 809 (1952)

Grace V. Hiscock, as Administratix of The Estate of William Hiscock, Deceased, Appellant, v. Long Island Rail Road Company et al., Respondents

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

June 16, 1952.

Judgment reversed on the law and new trial granted, with costs to appellant to abide the event.

It was for the jury to say whether the defendants were negligent. (Latourelle v. New York Central R. R. Co., 301 N.Y. 103.) It was for the jury to appraise the positive and negative testimony. Contributory negligence was not pleaded as a defense (Decedent Estate Law, § 131), and was not established as matter of law. Whether the...

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