Hyperlawhypertext legal database Johnson v. Wells Fargo Express Co. 128 N.Y.S. 1128

← Cases

Johnson v. Wells Fargo Express Co.

128 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1911-03-10 English

Delivered by SCOTT, J.

Contents

Majority

p. 1128
JOHNSON v. WELLS FARGO EXPRESS CO.
(Supreme Court, Appellate Division, First Department.
March 10, 1911.)

Headnote

Appeal from Trial Term, New York County. Action by William Johnson against tbe Wells Fargo Express Company. From the judgment, and from an order denying a new trial, defendant appeals. Reversed, and new trial granted.
William A. Jones, Jr., for appellant.
Alfred J. Talley, for respondent.

Defendant appeals from a judgment, and order denying a motion for a new trial, in an action for damages suffered by plaintiff in consequence of having been run over by a truck driven by defendant’s servant. The evidence in the aspect most favorable to plaintiff, and wholly disregarding the evidence in favor of defendant, utterly fails to show either that defendant’s servant was guilty of negligence or that plaintiff himself was free from contributory negligence. When we come to consider all the evidence, including that presented by defendant, it becomes entirely clear that defendant’s servant was free from negligence, and that the accident happened in consequence of plaintiff’s own negligence or inadvertence. The judgment and order appealed from must therefore be reversed, and a new trial granted, with costs to appellant to abide the event. All concur.