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Hackett v. Metropolitan Street Railway Co.

60 N.Y.S. 1139 Court N.Y. App. Term Decision date 1899-10-04 English

Delivered by FREEDMAN, P. J.

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p. 1139
HACKETT, Respondent, v. METROPOLITAN ST. R. CO., Appellant.
(Supreme Court, Appellate Term.
October 4, 1899.)

Headnote

Action by Lucy Hackett against the Metropolitan Street-Railway Company for damages. From a judgment of the general term ( 58 N. Y. Supp. 1141 ), affirming a judgment of the city court in favor of plaintiff, defendant appeals.
Affirmed.
Henry A. Robinson, for appellant.
Michael J. Joyce, for respondent.

An examination of the record in this case discloses a conflict of evidence, and the jury by their verdict adopted the view claimed by the plaintiff on the trial. Under the facts and circumstances shown by the testimony, it was the duty of the court to submit the questions of the freedom from contributory negligence on the part of the plaintiff and the negligence of the defendant to the jury, and there was sufficient evidence upon both branches of the case to authorize the finding made by them. Judgment affirmed, with costs to respondent.

MacLEAN, J., concurs. LEVENTRITT, J., takes no part.