Heckathorn v. Pennsylvania Railroad

190 A.D. 969 | N.Y. App. Div. | 1920

Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that the plaintiff made out a prima facie case. The inference is permissible from the evidence that the proximate cause of the sudden stopping of the train, which caused plaintiff to fall and to be injured, was the negligent management of the engine by the engineer. All concur, except De Angelis, J., who dissents and votes for affirmance.