26 N.Y.S. 760 | New York City Court | 1893
We are of opinion that no error was committed by the learned trial judge in the admission of the
We have carefully read the testimony in this case, and conclude that the verdict was not against the weight of evidence. While the statements of one or two witnesses for the plaintiff are open to criticism, and while the case, at first sight, seems weak, yet our conclusion that the verdict should be upheld is greatly strengthened by the fact that the testimony offered by the defense tending to show that the tracks from the time of
If the jury had the right to find from the evidence that the track was in the condition testified to by Stewart and Byrne, at the date of the accident, it would seem, from a perusal of the case, that the other question, whether or not the deceased was thrown off by the jolt of the car caused by a defective track, was also properly submitted to the jury.
The duty imposed upon a street railroad company to keep
The judgment and order denying a new trial should be, affirmed, with costs.
Van Wyok, J., concurs.
Judgment and order affirmed, with costs.