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Deutsch v. Metropolitan Street-Railway Co.

67 N.Y.S. 1131 Court N.Y. City Ct. Decision date 1900-12-13 English

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p. 1131
DEUTSCH, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
(City Court of New York, General Term.
December 13, 1900.)

Headnote

Action by Emanuel Deutsch against the Metropolitan Street-Railway Company. From a judgment in favor of the plaintiff, and from an order denying a motion for a new trial, defendant appeals.
Affirmed.
Henry A. Robinson and John T. Little, for appellant.
Hayman & Rosenthal, for respondent.

It is insisted on behalf of the appellant that the plaintiff failed to prove freedom from contributory negligence, and that the verdict is against the weight of evidence. An examination of the evidence demonstrates that the question of plaintiff’s freedom from negligence was for the jury to determine, and, in view of the evidence offered by plaintiff, it could not be said as a matter of law that he was guilty of contributory negligence. The verdict is not against the weight of evidence, but, on the contrary, appears to be supported by a fair preponderance of the evidence. Judgment and order appealed from affirmed, with, costs.