Appellate Division of the Supreme Court of New York, 1897

Smith v. King

Smith v. King
Appellate Division of the Supreme Court of New York · Decided April 10, 1897 · Follett
44 N.Y.S. 1129 (New York Supplement)

Counsel

Adalbert Moot, for appellants., Norman D. Fish, for respondent.

Smith v. King

Opinion of the Court

FOLLETT, J.

This action was begun to recover damages for a personal injury caused, it is alleged, by the negligence of the defendants and of their employes. The evidence is insufficient to sustain a verdict that the accident was caused by the negligence of the defendant, or that the accident was not caused by the contributory negligence of the plaintiff. The judgment and order should be reversed, and a new trial ordered, with costs to abide the event.

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