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Smith v. King

44 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1897-04-10 English

Delivered by FOLLETT, J.

Contents

Majority

p. 1129
SMITH, Respondent, v. KING et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
April 10, 1897.)

Headnote

Action by Jacob Smith against John King and John G. McCullough, as receivers of the New York, Lake Erie & Western Railroad Company.
Adalbert Moot, for appellants.
Norman D. Fish, for respondent.

This action was begun to recover damages for a personal injury caused, it is alleged, by the negligence of the defendants and of their employes. The evidence is insufficient to sustain a verdict that the accident was caused by the negligence of the defendant, or that the accident was not caused by the contributory negligence of the plaintiff. The judgment and order should be reversed, and a new trial ordered, with costs to abide the event.