Hyperlawhypertext legal database Trautmann v. International Ry. Co. 149 N.Y.S. 1115

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Trautmann v. International Ry. Co.

149 N.Y.S. 1115 Court N.Y. App. Div. Decision date 1914-10-22 English

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p. 1115
TRAUTMANN, Respondent v. INTERNATIONAL RY. CO., Appellant.
(Sppreme Court, Appellate Division, Fourth Department.
October 22, 1914.)

Headnote

Action by Louise Trautmann, an infant, etc., against the International Railway Company.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held: (1) That the ver4ict of the jury is against the weight of the evidence on the question of defendant's negligence. (2) That, in view of the law of the case as charged by the court, it was error to refuse to charge, .as requested, "that the motorman cannot be found guilty of negligence in increasing the speed of the car, unless he knew, or should nave known, that the plaintiff was in a positioii of danger."