Appellate Terms of the Supreme Court of New York May 19, 1904 (Groening v. Interurban Street Railway Co.)

SCOTT, J.

If plaintiff’s right to recover depended solely upon his ability to prove negligence on the part of defendant’s servant, this judgment might well be sustained. In order to entitle himself to a verdict, however, it was incumbent upon the plaintiff to show not only that defendant had been negligent, but that he himself had been been free from negligence contributing to the accident.