Patterson v. City of New York

Judgment and order unanimously affirmed, with costs, as to the appellant the City of New York. Judgment aud order reversed, and new trial granted, costs to abide the event, as to the appellant the Brooklyn Heights Railroad Company, upon the ground that, in the absence of evidence by plaintiff that the car could have been stopped after the inotorman had notice of the impending danger, no question of fact was raised which justified the court in submitting the question of said appellant's negligence to the jury. Albrecht v. Rochester, S. & E. R. R. Co., 205 N. Y. 230 , 98 N. Y. 332 .