JENDRASIK v. SOUTH BUFFALO RY. CO.


283 A.D. 849 (1954)

Stephania A. Jendrasik, as Administratrix of The Estate of Harry S. Jendrasik, Deceased, Respondent, v. South Buffalo Railway Company, Appellant

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

March 10, 1954.


Judgment reversed on the law, with costs, and complaint dismissed, with costs. Appeal from the order dismissed as academic. We have examined the facts and find no error therein.

Memorandum:

Although we feel the evidence is sufficient to support a finding of negligence upon the part of the defendant railway, the record does not similarly support a finding of freedom from contributory negligence upon the part of plaintiff's intestate. From the time the decedent...

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