Franolich v. Metropolitan Express Co.

Appellate Terms of the Supreme Court of New York

Franolich v. Metropolitan Express Co.

90 N.Y.S. 386

Appellate Terms of the Supreme Court of New York·Decided November 10, 1904·Published

Opinion

PER CURIAM.

There was some evidence tending to establish the fact that the horses and wagon which caused plaintiff’s injuries belonged to the defendant. The fact that the wagon was partially upon the sidewalk was a circumstance from which negligence might naturally be inferred, and the granting of the motion [387] for a nonsuit was error. Rehberg v. The Mayor, 91 N. Y. 137, 43 Am. Rep. 657.

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

There was some evidence tending to establish the fact that the horses and wagon which caused plaintiff’s injuries belonged to the defendant. The fact that the wagon was partially upon the sidewalk was a circumstance from which negligence might naturally be inferred, and the granting of the motion [387] for a nonsuit was error. Rehberg v. The Mayor, 91 N. Y. 137, 43 Am. Rep. 657.

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.

Franolich v. Metropolitan Express Co., 90 N.Y.S. 386 (N.Y. Ct. App. 1904).

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Opinion

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