SPINELLA v. CITY OF NEW YORK


278 A.D. 847 (1951)

Frank Spinella, Appellant, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 14, 1951.


The plaintiff, a passenger on the trolley car, did not rest on the proof of the happening of the accident but adduced proof to establish the cause of the accident, which proof related to the issue of defendant city's negligence but exculpated it.

Judgment dismissing the complaint at the close of plaintiff's case unanimously affirmed, with costs. (Goodheart v. American Airlines, 252 App. Div. 660; Bressler v. New York R. T. Corp., 270 N.Y. 409, 413; ...

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