Appellate Terms of the Supreme Court of New York February 15, 1896 (McDonald v. Third Avenue Railroad)

Bischoff, J.

The action was for injuries resulting to plaintiff’s wagon from a collision with one of the defendant’s cable cars, and, from a judgment for the plaintiff, the defendant appeals.

But one question is presented to us by the appellant, and this is whether there was contributory negligence, as matter of law, upon the part of the plaintiff’s driver.