New York Court of Appeals, 1902

Smith v. . Kingston City Railroad Company

New York Court of Appeals · Decided January 31, 1902 · <italic>Per Curiam</italic>.

62 N.E. 1100; 169 N.Y. 616 (North Eastern Reporter)

Opinion of the Court

Per Curiam.

We think that the case was properly submitted to the jury upon both theories of. negligence on the *617 part of the defendant, the one relating to improper construction and the other to negligent operation of the car.

The judgment should be affirmed, with costs.

Parker, Oh. J., Bartlett, Haight, Martin, Vann, Cullen and Werner, JJ., concur.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.