Farrell v. Interborough Rapid Transit Co. — 95 N.Y.S. 1128

Majority

p. 1128

FARRELL, Appellant, v. INTERBOROUGH RAPID TRANSIT CO., Respondent.

(Supreme Court, Appellate Term.

November 24, 1905.)

Headnote

Appeal from Municipal Court, Borough of Bronx, Second District. Action by Alice Farrell against the Interborough Rapid Transit ■Company. Judgment for defendant, and plaintiff appeals.

Reversed.

Frank A. Acer, for appellant.

Charles A. Gardiner (G. Tarleton Goldthwaite, of counsel), for respondent.

In our opinion the case should have gone to the jury. Under the circumstances as testified to by plaintiff and her daughter, it cannot be said as matter of law that plaintiff was negligent, or that defendant was free from negligence. Judgment reversed, and new trial granted, with costs to appellant to abide the event.

GILDERSLEEVE, J., concurs. MacLEAN, J., taking no part.