Farrell v. Interborough Rapid Transit Co.

95 N.Y.S. 1128

Opinion

SCOTT, P. J.

In our opinion the case should have gone to the jury. Under the circumstances as testified to by plaintiff and her daughter, it cannot be said as matter of law that plaintiff was negligent, or that defendant was free from negligence. Judgment reversed, and new trial granted, with costs to appellant to abide the event.

GILDERSLEEVE, J., concurs. MacLEAN, J., taking no part.