23 N.Y.S. 1028 | New York City Court | 1893
The counsel for the appellant seeks a reversal in this case only on two grounds: First, that the evidence showed contributory negligence on the part of plaintiff ; second, that there was no proof of negligence of the defendant. The plaintiff drove a beer wagon in a southerly direction along the track of defendant on Third avenue in this city until he reached Thirty-second street, where he swung his wagon to the east, in order to get out of the track, and then turned to the west. The wagon was nearly off the track when an electric car struck the hind wheel and overturned it.
This case was properly submitted to the jury. It was the
Judgment and order denying new trial affirmed, without costs.
Osborne, J., concurs.
Judgment and order denying new trial affirmed.