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Fitzpatrick v. Interurban Street Railway Co.

89 N.Y.S. 1104 Court N.Y. App. Term Decision date 1904-06-23 English

Delivered by FREEDMAN, P. J.

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p. 1104
FITZPATRICK, Respondent, v. INTERURBAN ST. RY. CO., Appellant.
(Supreme Court, Appellate Term.
June 23, 1904.)

Headnote

Action by Alice Fitzpatrick against the Interurban Street Railway Company. From a judgment for plaintiff, defendant appeals. Reversed.
Henry W. Goddard and William E. Weaver, for appellant.

The pivotal question in this case was whether the starting of the car, which was the cause of the injuries received by the plaintiff, was the act of the conductor, or that of some unauthorized person, a passenger upon the car at the time the accident occurred. Upon this question the weight of evidence seems to be in favor of the defendant. A new trial may bring out the facts relative thereto more clearly, and the interests of justice require such a disposition of the case. Judgment reversed, and new trial ordered, with costs to abide the event. All concur.