Geelan v. Southern B. R.R. C. of N. Y

Full title: JOHN GEELAN, Respondent, v . SOUTHERN BOULEVARD RAILROAD COMPANY OF NEW…

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

Date published: Apr 1, 1915

168 App. Div. 898 (N.Y. App. Div. 1915)

Opinion

April, 1915.

Present — Ingraham, P.J., McLaughlin, Laughlin, Clarke and Scott, JJ.; McLaughlin and Scott, JJ., dissented.

Judgment and order affirmed, with costs. No opinion.

McLAUGHLIN, J. (dissenting):

I think that the court erred in refusing to charge the jury "that if the jury find that this accident happened entirely by reason of the fact that the left hand horse shied and forced the wagon over against the car, then under the issues presented in this case their verdict must be for the defendant Bahr." I, therefore, dissent and vote to reverse the judgment and order appealed from and for a new trial as to the defendant Bahr. Scott, J., concurred.