JONES v. NEW YORK CENT. R.R. CO.


4 A.D.2d 967 (1957)

Stephen M. Jones, Respondent, v. New York Central Railroad Company, Appellant

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

November 25, 1957


Judgment affirmed, with costs.

No opinion.

Nolan, P. J., and Wenzel, J., dissent and vote to reverse the judgment and to grant a new trial, with the following memorandum:

In our opinion the evidence was insufficient to sustain the findings (1) that respondent, by reason of intoxication and sickness, was unable to care for himself or to travel with safety, (2) that appellant had notice of that fact, (3) that appellant was guilty of negligence and (4...

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