Bello v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Philippe Bello, as administrator, etc., of Joseph Bello, deceased, from.a judgment of the Superior Court of the city of New York in favor of the defendant, entered in the office of the clerk .of said court on the 14th day of November, 1895, upon the dismissal of the complaint, directed by the court after a trial before the court and a jury, and also from an order entered in said clerk’s office on the 7th day of November, 1895, denying the plaintiff’s…
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Appeal by the plaintiff, Philippe Bello, as administrator, etc., of Joseph Bello, deceased, from.a judgment of the Superior Court of the city of New York in favor of the defendant, entered in the office of the clerk .of said court on the 14th day of November, 1895, upon the dismissal of the complaint, directed by the court after a trial before the court and a jury, and also from an order entered in said clerk’s office on the 7th day of November, 1895, denying the plaintiff’s motion for a new trial made upon the minutes. This was an action brought by the plaintiff as administrator of Joseph…
1Opinion of the Court
O’Brien, J.:
' To recover damages for injuries sustained in an action of this kind the burden is upon the plaintiff to prove by a fair preponderance of evidence that the acfcident occurred solely through the negligence of the defendant and that the person injured was free from contributory negligence. Upon the first proposition it is insisted that this evidence shows that the driver of the defendant’s car was negligent in not observing the plaintiff’s intestate on the track until he was run over; in not heeding the warning to stop the car; in being inattentive to what was happening ahead of…
2Cited by2 opinions
- De Ioia v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Griffith v. Metropolitan Street Railway Co.New York Supreme Court · 1900