Hyperlawhypertext legal database George A. Ohl & Co. v. Brooklyn Heights Railroad 113 A.D. 895

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George A. Ohl & Co. v. Brooklyn Heights Railroad

113 A.D. 895 Court Second Department, English

Delivered by Woodward, J.:

Contents

Majority

p. 895
Second Department,
May, 1906.
George A. Ohl & Co., Appellant, v. The Brooklyn Heights Railroad Company, Respondent.

Headnote

Negligence— nonsuit in action for damage to personal property on ground of contributory negligence reversed on evidence of some degree of care.
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, rendered on the 17th day of June, 1904, dismissing the plaintiff’s complaint. '

The plaintiff was nonsuited in an action to recover damages to personal property due to defendant’s negligence, on the ground that the evidence failed to show freedom from contributory negligence. I think the evi- < deuce showed that the plaintiff’s driver exercised some degree of care under the circumstances of the case, and that he was entitled to go to the jury. The judgment should be reversed and a new trial ordered, costs to abide the event. Hirschberg, P. J., Gaynor, Rich and Miller, JJ., concurred. Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.