McDonough v. James Reilly Repair & Supply Co.
Appellate Terms of the Supreme Court of New York
'Appeal by defendant from a judgment of the City Court of the city of New York, entered upon a verdict for the plaintiff, and from an order denying defendant’s motion for a new trial.
1Opinion of the CourtGreenbaum, J.
I do not think that plaintiff maintained the burden, which was upon him, of presenting facts, establishing the defendant’s negligence, or from which an inference of such negligence might fairly arise.
As was said by this court, upon an appeal from a previous judgment entered in this action (45 Misc. Rep. 334, 335), “ the mere happening of the accident would raise no presumption ” of defendant’s negligence. :
The only testimony from which it could possibly be argued that the negligence of defendant was established or inferable, was to the effect that when plaintiff called at defendant’s premises…
2Cases cited2 opinions
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- McDonough v. James Reilly Repair & Supply Co.Appellate Terms of the Supreme Court of New York · 1904