DI NARDI v. NEW YORK STATE RAILWAYS

Full title: ANTONIO DI NARDI, as Administrator, etc., Respondent, v. NEW YORK STATE…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 1, 1918

184 App. Div. 930 (N.Y. App. Div. 1918)

Opinion

May, 1918.

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, 1. That the verdict is against the weight of the evidence upon the question of defendant's negligence. 2. That prejudicial error was committed in receiving the evidence of the witness Anderson regarding the speed of the car. All concurred, except Kruse, P.J., who dissented and voted for affirmance.