Bang v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York and Queens County Railway Company, from a judgment of the Municipal Court of the city of New York in favor of the plaintiff, entered upon the verdict of a jury. Action for damages to the plaintiff’s wagon by the negligence of the defendant. ' "
1Opinion of the Court
Gaynor, J.:
This verdict has no foundation to rest on. The driver of the plaintiff’s wagon was, driving along beside the defendant’s electric car track in a broad highway of a dark night. His entire evidence in chief is that as the road was slippery he turned into the car track and a car came up in the rear and ran into the wagon. He was the only witness of the occurrence called by the plaintiff. He does not say he looked back before turning, or that he had completed his turn and was going along on the track before he was run into. It was for the plaintiff to show these things. It can scarcely…
2Cited by2 opinions
- Bang v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Lehman v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907