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Lewis v. Brooklyn Heights R.

146 N.Y.S. 1097 Court N.Y. App. Div. Decision date 1914-02-27 English

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p. 1097
LEWIS, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant, et al.
(Supreme Court, Appellate Division, Second Department.
February 27, 1914.)

Headnote

Action by Johanna B. Lewis, as administratrix, etc., of Eugene F. Lewis, deceased, against the Brooklyn Heights Railroad Company and another.

Judgment and order reversed, and new trial granted, costs to abide the event, upon the ground that the preponderance of evidence shows that the flat car was lighted, and that the relative positions of the ears was not such as made rule No. 41 applicable.

THOMAS and RICH, JJ., vote ‘to affirm, upon the ground that rule No. 41 was applicable, and that violation of that rule was sufficient to justify the finding of negligence in the defendant.