Rice v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city; of Few York, tenth district, borough of Manhattan.
1Opinion of the CourtScott, J.
If the case had gone to the jury solely upon the colloquial charge to the effect that “ the burden of showing that the accident did not happen through the defendant’s negligence is upon the defendant,” it would be open to defendant to claim that the jury were wrongly instructed. Maher v. Metropolitan St. R. Co., 102 App. Div. 517. The court, however, afterward charged, at plaintiff’s request, that “ while the law calls upon the defendant, under such a condition as the plaintiff claims existed here, to explain, yet on the whole case the burden is upon the plaintiff in the end to convince the…
2Cases cited1 opinion
- Maher v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905