Hart v. . Hudson River Bridge Company

This was an action to recover damages for aliened nesjigence, causing the death of plaintiff's intestate, who fell from the defendant’s bridge into the Hudson river. The court nonsuited the plaintiff on trial. Held (Folger and Earl, JJ., dissenting), that there were facts and cireum-' stances proper to be submitted to the jury. The court say: “It was incumbent upon the plaintiff to show affirmatively that the negligence of the defendant was the sole cause of the death of the deceased. But it needs not that this be done by the positive and direct evidence of the negligence of the defendant,…