Smith v. King

Full title: Jacob Smith, Respondent, v. John King and John G. McCullough, as Receivers…

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

Date published: Apr 1, 1897

17 App. Div. 617 (N.Y. App. Div. 1897)

Opinion

April Term, 1897.

Judgment and order reversed and a new trial ordered, with costs to abide the event. —

FOLLETT, J.:

This action was begun to recover damages for a personal injury, caused, it is alleged, by the negligence of the defendants and of their employees. The evidence is insufficient to sustain a verdict that the accident was caused by the negligence of the defendants, or that the accident was not caused by the contributory negligence of the plaintiff. The judgment and order should be reversed and a new trial ordered, with costs to abide the event. All concurred.