Lewis v. Brooklyn Heights Railroad

— Judgment and order reversed and new trial granted, costs to abide the event, upon the ground that the preponderance of evidence shows that the flat car was lighted, and that the relative positions of the cars was not such as made rule Ho. 41 applicable. Jenks, P. J., Burr and Stapleton, JJ., concurred; Thomas and Rich, JJ., voted to affirm, upon the ground that rule Ho. 41 was applicable, and that violation of that rule was sufficient to justify the finding of negligence in the defendant.