New York Court of Appeals February 10, 1885 (Tolman v. Syracuse, Binghamton & New York Railroad)

Finch, J.

A careful examination of the testimony given upon the trial leads us to the conclusion that upon the issue of defendant’s negligence there was, perhaps, a question of fact for the jury. While the proof was extremely weak and its decided preponderance was against the plaintiff, it is difficult to say that there was none.