Koester v. Interurban St. Ry. Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Joseph Koester against the Interurban Street Railway Company. From a for and from an order ing a motion for a new trial, defendant appeals.
1Opinion of the CourtFreedman, P. J.
Plaintiff’s theory, upon which he succeeded, was that defendant’s car was at a standstill at the time he attempted to board it. In this he remained wholly uncorroborated. Upon this point he was contradicted by four witnesses, two of *376whom have no interest in the result of the action, and from whose testimony it appeared that at the time the car was in such rapid motion that plaintiff’s attempt to board it was dangerous. Admittedly the accident occurred in or about the middle of the block, and this strengthens defendant’s case upon the question of probabilities. In my opinion, the evidence…
2Cited by1 opinion
- Lillienthal v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1905