Lundy v. Second Avenue Railroad
New York Court of Common Pleas
Appeal from trial term. Action by Elizabeth E. Lundy against the Second Avenue Railroad Company for damages for injuries sustained by her through collision with the defendant’s street car. Erom the judgment dismissing the complaint, and from the order denying a new trial, plaintiff appeals. Reversed.
1Opinion of the CourtPryor, J.
If upon any construction of the evidence it be sufficient to authorize a verdict for the plaintiff, the dismissal of the complaint was error. Stackus v. Railroad Co., 79 N. Y. 464; Clemence v. City, 66 N. Y. 334, 338. Hence, if the inferences from the evidence be not certain and incontrovertible, the question of negligence is for determination by the jury. Hart v. Bridge Co., 80 N. Y. 622. Upon the evidence before us the jury would have been warranted in the conclusion that the driver might have so started the car as to arrest its retrograde movement; or, if this were impossible, that…
2Cases cited5 opinions
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
- Dobbins v. . BrownNew York Court of Appeals · 1890
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
- Clemence v. . City of AuburnNew York Court of Appeals · 1876
- Conlin v. RogersNew York Court of Common Pleas · 1891
3Cited by2 opinions
- Enstrom v. NeumoegenAppellate Terms of the Supreme Court of New York · 1911
- Grudberg v. EhretAppellate Terms of the Supreme Court of New York · 1913