McCann v. New York & Queens County Railway Co. — 72 N.Y.S. 1117

Majority

p. 1117

McCANN, Respondent, v. NEW YORK & Q. C. RY. CO., Appellant.

(Supreme Court, Appellate Division, First Department.

November 8, 1901.)

Headnote

Action by Catherine McCann, as administratrix, etc., against the New York & Queens County Railway Company. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.

Reversed.

Wm. E. Stewart, for appellant. J. Brownson Ker, for respondent.

We do not think it necessary to write any further opinion upon the facts of this case. We think that the verdict was against the evidence upon the points of the defendant’s negligence and the contributory negligence of the deceased, and also that the damages were excessive. For these reasons the judgment and order should be reversed, and a new trial ordered, with costs to the appellant to abide the event.

INGRAHAM and LAUGHLIN, JJ., concur. PATTERSON, J., dissents.