Crouter v. City of New City
114 N.Y.S. 353 | N.Y. App. Div. | 1909
Lead Opinion
Judgment reversed and new trial granted, with costs to appellant to abide event, upon the ground that a question of fact was presented which should have been submitted to the jury as to the negligence of the defendant's servant. Present — Patterson, Ingraham, Laughlin, Clarke and Scott, JJ.
Dissenting Opinion
I dissent upon the ground that it was not negli-
gent for the street cleaner, to turn on the hydrant, a horse and wagon being twenty-five feet or more from the hydrant; as such an accident as happened could not have been anticipated and that, therefore, there was no evidence to justify submitting the question of defendant’s negligence to the jury. Judgment reversed, new trial ordered, costs to appellant to abide event.
