New York Court of Common Pleas November 7, 1892 (Lundy v. Second Avenue Railroad)

lead-opinion

Pryor, J.

If upon any construction of the evidence it be sufficient to authorize a verdict for the plaintiff, the dismissal of the complaint was error. Stackus v. Railroad Co., 79 N. Y. 464; Clemence v. City, 66 N. Y. 334, 338. Hence, if the inferences from the evidence be not certain and incontrovertible, the question of negligence is for determination by the jury. Hart v. Bridge Co.