Wilken v. New York Centeal Railroad

I am unable to concur in the opinion of Mr. Justice Edward M. Sharpe conditionally affirming the judgment entered in the trial court because, it appears to me, the record discloses reversible error. As a ground of recovery plaintiff claimed that one of defendant’s cars was equipped with a defective coupler and that this was the proximate cause of his injury. This question was submitted to the jury. The trial court charged:

“In other words if you are convinced from the evidence by a preponderance of evidence that this first and second cnt of cars came together as the plaintiff claims they came…