Geo. A. Ohl & Co. v. Brooklyn Heights R. — 98 N.Y.S. 1103

Majority

p. 1103

GEO. A. OHL & CO. Appellant, v. BROOKLYN HEIGHTS R. CO., Respondent.

(Supreme Court, Appellate Division, Second Department.

May 9, 1906.)

Headnote

Appeal from Municipal Court, Borough of Brooklyn, First District. Action by the George A. Ohl & Co. against the Brooklyn Heights Railroad Company. From a judgment dismissing the complaint, plaintiff appeals.

Reversed, and new trial ordered.

Raphael Link, for appellant. H. F. Ives, for respondent.

WOODWARD, J.

The plaintiff was non-suited in an action to recover damages to personal property due to defendant’s negligence, on the ground that the evidence failed to show freedom from contributory negligence. I think che evidence showed that the plaintiff’s driver exercised some degree of care under the circumstances of the case and that he was entitled to go to the jury. The judgment should be reversed, and a new trial ordered, costs to abide the event.