Arroll v. Buffalo Railway Co. — 222 N.Y. 595

Majority

p. 595

James T. Arroll, Respondent, v. Buffalo, Lockport and Rochester Railway Company, Appellant.

Headnote

Arroll v. Buffalo, L. & R. Ry. Co., 164 App. Div. 970 , affirmed.

(Argued December 6, 1917;

decided December 21, 1917.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 23, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries sustained by the plaintiff through the running away of a team which he was driving, occasioned, as he claims, by one of the defendant’s cars going west on Lyell avenue, in the

p. 596

city of Rochester on September 3, 1912, running into and striking the wagon.

William Nottingham for appellant.

William MacFarlane for respondent.

Judgment affirmed, with costs; no opinion'.

Concur: Chase, Collin, Hogan, McLaughlin and Crane, JJ. Dissenting: Pound, J. Not sitting: Hiscock, Ch. J.