Majority
p. 570EUGENE VON NORDHAUSEN, Appellant, v. THE NEW YORK & HARLEM R. R. Co., Respondent. Before Sedgwick and Fbeedman, JJ. Decided June 18, 1880.
Headnote
Appeal from judgment.This action was for damages, from negligence of defendants. After the testimony for plaintiff and for defendants had been given, the defendant’s counsel moved to dismiss the complaint, and this motion was granted.
The court at general term affirmed the judgment, on the ground that the great preponderance of evidence was that plaintiff’s negligence contributed to the injury.
Daily & Perry, for appellant.
p. 571
Chauncey M. Depew, attorney, and Frank Loomis, of counsel, for respondent.
wrote for affirmance, with costs ; Freedman, J., concurred.