Ward v. New York & Harlem Railroad

This is an appeal from a judgment in favor of the defendant entered on a nonsuit at circuit. The action was for causing the death of plaintiff’s intestate. The complaint was dismissed at the close of the whole evidence. We think this disposition of the case was erroneous. The deceased was killed by a collision on Centre street, Rew York, between a wagon he was driving and one of the defendant’s cars. There were but two witnesses called to testify as to the occurrence,—one for the plaintiff (a bystander), and the other for the defendant (the driver of the car). According to the testimony of…