Appellate Division of the Supreme Court of New York, 1920

Heckathorn v. Pennsylvania Railroad

Heckathorn v. Pennsylvania Railroad
Appellate Division of the Supreme Court of New York · Decided January 15, 1920
190 A.D. 969
Heckathorn v. Pennsylvania Railroad

Opinion of the Court

Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that the plaintiff made out a prima facie case. The inference is permissible from the evidence that the proximate cause of the sudden stopping of the train, which caused plaintiff to fall and to be injured, was the negligent management of the engine by the engineer. All concur, except De Angelis, J., who dissents and votes for affirmance.

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