Silber v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

Silber v. New York City Railway Co.

99 N.Y.S. 837

Appellate Terms of the Supreme Court of New York·Decided June 28, 1906·Published

Opinion

PER CURIAM.

At the close of the plaintiff’s case the defendant moved for a' dismissal of the complaint, which was granted. Under .such circumstances the testimony given on the part of the plaintiff must be taken as true. Without detailing at length the testimony given by the plaintiff, and in which he was corroborated by an apparently disinterested witness, it is sufficient to say that the evidence showed that the car was started before the plaintiff had been given a reasonable opportunity to get on, and that there was no evidence of contributory negligence upon his part.

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

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PER CURIAM.

At the close of the plaintiff’s case the defendant moved for a' dismissal of the complaint, which was granted. Under .such circumstances the testimony given on the part of the plaintiff must be taken as true. Without detailing at length the testimony given by the plaintiff, and in which he was corroborated by an apparently disinterested witness, it is sufficient to say that the evidence showed that the car was started before the plaintiff had been given a reasonable opportunity to get on, and that there was no evidence of contributory negligence upon his part.

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

Silber v. New York City Railway Co., 99 N.Y.S. 837 (N.Y. Ct. App. 1906).

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99 N.Y.S. 837 (Silber v. New York City Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.