Leach v. Brooklyn, Bushwick & Queens County R. R. Co. — 42 N.Y. St. Rep. 954

Majority

p. 954

Edward Leach, App’lt, v. The Brooklyn, Bushwick & Queens County R. R. Co., Resp’t.

Appeal from judgment dismissing the complaint.

M. L. Towns, for app’lt; H. D. Donnelly, for resp’t.

This is an action for the recovery of damages by reason of the negligence of the defendant

It appeared upon the trial that the car of the defendant ran over the plaintiff

p. 955

and cut off one of his legs, and injured the other; hut it appeared also that the injury was brought upon the plaintiff by his own carelessness.

The plaintiff was nonsuited for contributory negligence and he has appealed from the judgment.

The judgment and order denying a motion for a new trial should be affirmed, with costs.

Barnard, P. J., and Dykman, J., concur.