BRENNAN v. BOSTON & MAINE R.R.


280 A.D. 851 (1952)

James Brennan, Respondent, v. Boston and Maine Railroad, Appellant

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

June 13, 1952.


From the proof in the record the jury was warranted in finding that defendant was negligent and plaintiff was free from contributory negligence. In fact, contributory negligence is not a defense to the action under the statute in question but only goes to the reduction of plaintiff's recovery. On the medical proof which plaintiff has adduced we may not say that the verdict is excessive. As to defendant's motion for a new trial on the ground of newly discovered evidence, it...

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