← Cases

Hersch v. South Brooklyn Railway Co.

250 A.D. 870 Court N.Y. App. Div. Decision date 1937-04-26 English

Contents

Majority

p. 870
Pauline Laura Hersch and Laura P. Wulffart, Appellants, v. South Brooklyn Railway Company, Respondent.

Appeal from judgment dismissing the complaint at the close of the plaintiffs’ case in an action brought to recover damages for personal injuries sustained by plaintiffs, resulting from a collision between an automobile and defendant’s trolley ear. Judgment reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. We are of the opinion that plaintiffs made out a prima facie case requiring submission to a jury. Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.