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Hickey v. New York City Railway Co.

95 N.Y.S. 1135 Court N.Y. App. Term Decision date 1905-12-21 English

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p. 1135
HICKEY, Respondent, v. NEW YORK CITY RY. CO., Appellant.
(Supreme Court, Appellate Term.
December 21, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan. First District. Action by Michael Hickey against the New York City Railway Company. Judgment for plaintiff, and defendant appeals.
Reversed.
William E. Weaver, for appellant.
O’Neill & Shay, for respondent.

By the plaintiff’s own testimony he was so clearly guilty of contributory negligence that it is impossible to conceive how the jury could determine in his favor, except as the result of prejudice. Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.