Appellate Division of the Supreme Court of New York, 1915

Geelan v. Southern Boulevard Railroad

Geelan v. Southern Boulevard Railroad
Appellate Division of the Supreme Court of New York · Decided April 15, 1915 · McLaughlin
168 A.D. 898
Geelan v. Southern Boulevard Railroad

Dissenting Opinion

McLaughlin, J. (dissenting):

I think that the court erred in- refusing to charge the jury “ that if the jury find that this accident happened entirely by reason of the fact that the left hand horse shied and forced the wagon over against the car, then under the issues presented in this ease their verdict must be for the defendant Bahr.” I, therefore, dissent and vote to reverse the judgment and order appealed from and for a new trial as to the defendant Bahr. Scott, J., concurred.

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