Miller v. City of New York

Full title: SHEILA MILLER, Respondent, v. CITY OF NEW YORK, Appellant

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

Date published: Dec 20, 1948

274 App. Div. 1006 (N.Y. App. Div. 1948)

Opinion

December 20, 1948.

Appeal from a judgment in favor of the plaintiff in an action to recover damages for negligence on the part of the defendant, the City of New York, in an accident in which plaintiff came into contact with one of its trolley cars. Judgment affirmed, with costs. No opinion. Nolan, P.J., Carswell, Johnston and Sneed, JJ., concur; Wenzel, J., dissents and votes to reverse the judgment and to dismiss the complaint on the ground that, as a matter of law, the plaintiff was guilty of contributory negligence.