Appellate Terms of the Supreme Court of New York, 1896

Butler v. Third Avenue Railroad

Appellate Terms of the Supreme Court of New York · Decided March 15, 1896

16 Misc. 679; 37 N.Y.S. 651; 73 N.Y. St. Rep. 245

Counsel

Hoadly, Lauterbach & Johnson, for appellant., John H. Rogan, for respondent.

Opinion of the Court

Per Curiam.

The return shows the usual conflict of evidence found in negligence cases.

The evidence was sufficient to warrant the justice in finding that the injuries complained of were the result of the defendant’s negligence, and that the plaintiff' was free from fault. The damages allowed were fully substantiated. .

We find no error.

Judgment affirmed, with costs.

Present: MoAdam and Bisohoff, JJ.

Judgment affirmed, with costs.

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