Hyperlawhypertext legal database Jocker v. Brooklyn Heights Railroad 115 N.Y.S. 1126

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Jocker v. Brooklyn Heights Railroad

115 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1909-03-05 English

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p. 1126
JOCKER, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.
(Supreme Court, Appellate Division, Second Departments
March 5, 1909.)

Headnote

Action by Charles Jockei against the Brooklyn Heights Railroad Com • pany.

We think the judgmem; must be reversed for the failure of the plain v tiff to give any evidence that showed or tended to show the exercise of due care upon his par t to avoid the accident. Judgment of the Municipal Court reversed, and new trial ordered costs to abide the event.