Schneiders v. Central Crosstown Railroad

Appellate Terms of the Supreme Court of New York

Schneiders v. Central Crosstown Railroad

87 N.Y.S. 453

Appellate Terms of the Supreme Court of New York·Decided March 24, 1904·Published

Opinion

SCOTT, J.

The evidence so greatly preponderates in defendant’s favor that there should be a new trial. It seems to be clear that the car was going very slowly, and that the push cart ran into it after the head of the car had safely passed. The motorman could not have been expected to anticipate this collision. The testimony of the push-cart man, who is really the plaintiff’s only witness as to how the accident happened, is quite overborne by the testimony of the defendant’s witnesses.

Judgment reversed and new trial granted, with costs to appellant to abide the event. All concur.

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SCOTT, J.

The evidence so greatly preponderates in defendant’s favor that there should be a new trial. It seems to be clear that the car was going very slowly, and that the push cart ran into it after the head of the car had safely passed. The motorman could not have been expected to anticipate this collision. The testimony of the push-cart man, who is really the plaintiff’s only witness as to how the accident happened, is quite overborne by the testimony of the defendant’s witnesses.

Judgment reversed and new trial granted, with costs to appellant to abide the event. All concur.

Schneiders v. Central Crosstown Railroad, 87 N.Y.S. 453 (N.Y. Ct. App. 1904).

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87 N.Y.S. 453 (Schneiders v. Central Crosstown Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.