Hyperlawhypertext legal database Epstein v. New York City Ry. Co. 101 N.Y.S. 1120

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Epstein v. New York City Ry. Co.

101 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1906-11-16 English

Contents

Majority

p. 1120
EPSTEIN, Respondent, v. NEW YORK CITY RY. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
November 16, 1906.)

Headnote

Action by Henry Epstein against the New York City Railway Company.

No opinion. Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the ground that the trial court erroneously instructed the jury that upon the facts as claimed by the plaintiff there was a presumption that the defendant was guilty of negligence, which it was called upon to rebut or overcome.