Appellate Division of the Supreme Court of New York, 1907

O'Neil v. New York & Queens County Railway Co.

Appellate Division of the Supreme Court of New York · Decided October 4, 1907 · Gaynor

121 A.D. 487; 106 N.Y.S. 128; 1907 N.Y. App. Div. LEXIS 1807

Counsel

Van Vechten Veeder and Nathaniel S. Corwin, for the appellant., M. P. O’Connor and George F. Hickey, for the respondent.

Opinion of the Court

Gaynor, J.:

The plaintiff was hurt.by the negligence of the defendant while it was carrying her as a passenger in its street car, as it is claimed. The tidal .justice persisted in charging the jury that the company was bound to carry her safely.

The judgment should be reversed.

Woodward, JenKs, Hooker and Rich, JJ., concurred.

Judgment of the Municipal Court reversed and new trial ordered, costs to' abide the event,

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