Hyperlawhypertext legal database Blau v. Interurban Street Railway Co. 94 N.Y.S. 1139

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Blau v. Interurban Street Railway Co.

94 N.Y.S. 1139 Court N.Y. App. Term Decision date 1905-05-23 English

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p. 1139
BLAU, Respondent, v. INTERURBAN ST. RY. CO. et al., Appellants.
(Supreme Court, Appellate Term.
May 23, 1905.)

Headnote

Appeal from City Court of New York, Trial Term. Action
p. 1140
by Abraham Blau against the Interurban Street Railway Company and another. From a judgment for plaintiff, and from an order denying a new trial, defendant railway company appeals.
Reversed.
Bayard H. Ames and F. Angelo Gaynor, for appellant.
Frank Herwig, for respondent.

The verdict of the jury was against the weight of evidence. The evi-’ dence clearly shows that the accident happened to the plaintiff through the negligence of the driver of the wagon that collided with the car of the defendant, and not through the negligence of the defendant’s servants. The judgment and order are reversed, and a new trial ordered, with costs to the appellant to abide the event.