Muller v. Second Avenue Railroad
This text of 16 Jones & S. 546 (Muller v. Second Avenue Railroad) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The court at General Term, held: “ that the burden was on the plaintiff to prove more than a mere state of facts, which is as consistent with care as with negligence on the part of the defendant. She was bound to adduce competent proof of facts showing negligence in the defendant or its servants (Baulec v. N. Y. & H. R. R. Co., 59 N. Y. 356).
Opinion by Freedman, J.; Sedgwick, Ch. J., concurred.
Judgment affirmed, with costs.
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16 Jones & S. 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muller-v-second-avenue-railroad-nysuperctnyc-1882.