Crown v. Orr — 54 N.Y. St. Rep. 308

Majority

p. 308

Dennis Crown, by Guardian, Resp’t, v. John C. Orr et al., App’lts.

(Supreme Court, General Term, Second Department,

Filed July 28, 1893.)

Headnote

Trial—Weisht of evidence—Testimony of interested witness.

It is not error for the jury to give credit to the testimony of the plaintiff, although he is contradicted by those who, if he is believed, were themselves in fault.

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

Action to recover for injuries sustained by plaintiff while in the employ of defendants. It was claimed that defendants negligently placed plaintiff at work on a dangerous machine and neglected to properly instruct him in the working thereof and thereabouts, whereby, without his fault, his right hand and part of his arm were caught in the machine and cut off.

Butler, Stillman & Hubbard (John Notman, of counsel), for app’lts ; I. S. Catlin, for resp’t.

The trial judge charged the jury fully upon all the questions of law involved and as favorably to the defendants -as they could require.

The plaintiff’s testimony, if credited, entitled him to recover.

Those of defendant’s servants who, if plaintiff was to be believed, were themselves in fault, contradicted the .plaintiff, and the court charged that as plaintiff was an interested party the jury should consider that fact, and might disbelieve him, even when not contradicted.

The jury gave faith to his testimony, and we cannot say they were in error. It will not do to say that a plaintiff can never recover on his own testimony when he is contradicted. That would put him at the mercy of those surrounding him. The circuit judge was satisfied with the verdict, and so are we.

Judgment affirmed, with costs.

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