Williams v. New York Central Railroad

I am unable to concur in this judgment of reversal

This is not a “ negligence action.” It is an action to recover damages from defendant for wantonly and willfully causing the death of one of plaintiff’s horses and seriously injuring another one. Only two disinterested witnesses (Braverman and Bush) testified that the horses were hit by the train before it stopped at the Mill street crossing; and two disinterested witnesses (John E. Mullen and Edward Mullen) testified for plaintiff that the train had stopped before the horses were in a position of danger. The jury had fair warrant for finding…