New York Supreme Court May 18, 1889 (Lewis v. New York, L. E. & W. Railroad)

Pratt, J.

Two questions arise in this case, neither of which are very easy to determine. The defendant claims that the evidence was insufficient to-warrant the submission to the jury of the question of defendant’s negligence or the freedom of the plaintiff from neglect. The latter question, we think, was a fair question for a jury.