New York Court of Appeals February 25, 1902 (Platt v. . Albany Railway)

Vann, J.

We think there was a question of fact for the jury as to the negligence of the defendant, independent of the allegation that there was no fender on the car which ran over the decedent. We are also of the opinion that there was evidence, which, if believed by the jury, ivarranted the conclusion that the- plaintiff’s intestate was free from contributory Negligence.