New York Court of Appeals

John A. Fitzpatrick, Respondent v. International Railway Company, Appellant

November 19, 1929252 N.Y. 127

Summary

The New York Court of Appeals affirmed the judgment, holding that the Ontario Contributory Negligence Act is substantive and governs the burden of proof and apportionment of fault, that the trial judge properly instructed the jury on the construction of the foreign statutes, and that the plaintiff did not assume the risk of injury.