Majority
p. 1105KNAEAGH, Respondent, v. INTERURBAN ST. RY. CO., Appellant. (Supreme Court, Appellate Term. May 19, 1904.)
Headnote
Action by Edward Knaeagh against the Interurban Street Railway Company. From a Municipal Court judgment in favor of plaintiff, defendant appeals. Reversed. Henry W. Goddard and William E. Weaver, for appellant. Fleischman & Fox, for respondent.There is no evidence in this case that shows or tends to show that the person in charge of plaintiff’s property at the time of the accident was free from negligence, or that the defendant was negligent. Judgment is reversed, and new trial ordered, with costs to the appellant to abide the event.