McCann v. New York and Queens County Railway Co.

Full title: Catherine McCann, as Administratrix, etc., of Simon McCann, Deceased…

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

Date published: Nov 1, 1901

65 App. Div. 611 (N.Y. App. Div. 1901)

Opinion

November Term, 1901.

Judgment and order reversed, new trial ordered, costs to appellant to abide event.

VAN BRUNT, P.J.:

We do not think it necessary to write any further opinion upon the facts of this case. We think that the verdict was against the evidence upon the points of the defendant's negligence and the contributory negligence of the deceased, and also that the damages were excessive. For these reasons the judgment and order should be reversed and a new trial ordered, with costs to the appellant to abide the event. Ingraham and Laughlin, JJ., concurred; Patterson, J., dissented.