GERREN v. NEW YORK, CHICAGO & ST. LOUIS R.R. CO.


13 A.D.2d 892 (1961)

Walter Gerren, Appellant, v. New York, Chicago & St. Louis Railroad Company et al., Respondents

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

May 11, 1961


Judgment insofar as it relates to defendant Van Dyke Taxi and Transfer, Inc., unanimously affirmed, without costs of this appeal to either party; judgment insofar as it relates to defendant New York, Chicago & St. Louis Railroad Company, unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

A question of fact was presented which should have been submitted to the jury, as to whether...

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