New York Court of Appeals

Cynthia A. Tolman, as Administratrix v. the Syracuse, Binghamton and New York Railroad Company…

February 10, 188598 N.Y. 198

Summary

The Court reversed the lower court's judgment, holding that the plaintiff bears the affirmative burden of proving the deceased was not contributorily negligent and that the evidence presented was insufficient to raise a factual issue on that point, necessitating a nonsuit. Accordingly, a new trial was ordered.