Greenburg v. Westchester Electric Railroad

219 A.D. 790 | N.Y. App. Div. | 1927

Judgment reversed upon the law and new trial granted, costs to abide the event. The complaint was dismissed upon plaintiffs’ proof, and, while the evidence of defendant’s negligence and plaintiffs’ freedom from contributory negligence is not convincing, it is sufficient, we think, to establish a prima facie case. Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.