Hyperlawhypertext legal database McQuillan v. Metropolitan Street Railway Co. 86 N.Y.S. 1140

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McQuillan v. Metropolitan Street Railway Co.

86 N.Y.S. 1140 Court N.Y. App. Term Decision date 1904-02-23 English

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p. 1140
McQUILLAN, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
(Supreme Court, Appellate Term.
February 23, 1904.)

Headnote

Action by James McQuillan against the Metropolitan. Street Railway Company. Judgment for plaintiff, and defendant appeals. Reversed. Bayard H. Ames and F. Angelo Gaynor, for appellant. G. H. Epstein, for respondent. ■

Aside from the question whether the plaintiff showed himself free from contributory negligence, his evidence fails to establish negligence in the defendant. Upon this point the case at bar is identical with Meyerowitz v. Interurban St. Ry. Co. (Sup.) 84 N. Y. Supp. 233 . The judgment must be reversed, and a new trial ordered, with costs to appellant to abide the event.