Legal Opinion · Dissent

Keuhner v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Decided June 23, 1904Published

Appeal from City Court of New York, Trial Term. Action by George F. ICeuhner against the Metropolitan Street Railway Company. From a judgment for plaintiff, and from an order denying new trial, defendant appeals. Affirmed.

1Dissent

MacLEAN, J. (dissenting).

I dissent on the ground that the learned judge erred in refusing the request to charge the jury that there was no evidence in the case that the conductor of the car was negligent—Monroe v. Met. St. Ry. Co., 79 App. Div. 587, 590, 80 N. Y. Supp. 177-—of especial importance in a cause wherein the preponderance of evidence for the plaintiff was so dubious.

2Cases cited2 opinions

  1. Monroe v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  2. Monroe v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903