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Jocker v. Brooklyn Heights Railroad

131 A.D. 911 Court N.Y. App. Div. English

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p. 911
Charles Jocker, Respondent, v. The Brooklyn Heights Railroad Company, Appellant.

We think the judgment must be reversed for the failure of the plaintiff to give any evidence that showed or tended to show the exercise of due care upon his part to avoid the accident. Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event. Woodward, Jenks, Gaynor, Rich and Miller, JJ., concurred.