84 N.Y.S. 285 | N.Y. App. Term. | 1903
The action was brought to recover damages tor personal injuries sustained by the plaintiff through the alleged concurrent negligence of the servants of both defendants. While the plaintiff was a passenger in a cab owned and operated by the defendant Kayton, and while the cab was in the act of crossing Madison avenue at a point about 100 feet north of Ninety-Second street, it came into collision with a north-bound car of the defendant railway company, and the plaintiff was injured thereby. The jury rendered a verdict against both defendants, and they appeal separately.
The plaintiff was free from contributory negligence, and upon the question of the concurrent negligence there was sufficient evidence against each of them to carry the case to the jury. Neither plaintiff’s version nor the version of either of the defendants depended exclusively upon the testimony of interested witnesses. Disinterested wit
The judgment and order appealed from should as against each defendant be affirmed, with costs. All concur.