Simmons v. Central New England & Western Railroad — 51 N.Y. St. Rep. 937

Majority

p. 937

Eva W. Simmons, Resp’t, v. The Central New England & Western Railroad Co., App’lt.

Headnote

Appeal from judgment in favor of plaintiff entered on verdict and from order denying motion for a new trial.

Milton A. Fowler, for app’lt; A. M. & G. Card, for resp’t.

This case only involved qucst'ons of fact in its trial, and we think the evidence is sufficient to sustain the verdict.

The jury found the defendant was guilty of negligence in running its train on the occasion of the accident, and also found as matter of fact that the plaintiff was not guilty of contributory negligence.

No exceptions are taken to the ruling of the trial judge as to questions of evidence, and no exceptions to the charge.

It was a proper case to be submitted to a jury and the verdict must be upheld.

Judgment and order affirmed, with costs.

Dykman, J., concurs; Barnard, P. J., not sitting.