Muller v. Second Avenue Railroad

The court at General Term, held: “ that the burden was on the plaintiff to prove more than a mere state of facts, which is as consistent with care as with negligence on the part of the defendant. She was bound to adduce competent proof of facts showing negligence in the defendant or its servants (Baulec v. N. Y. & H. R. R. Co., 59 N. Y. 356).

Opinion by Freedman, J.; Sedgwick, Ch. J., concurred.

Judgment affirmed, with costs.