Catherine Kay, Respondent v. Metropolitan Street Railway Company, Appellant

Summary

The New York Court of Appeals reversed the judgment and remanded for a new trial, holding that the trial court erred by admitting the street car conductor's post‑accident statements to a third party, by allowing the plaintiff to elicit new matter on cross‑examination and then contradict the witness, and by instructing the jury that the burden of proof shifted to the defendant under res ipsa loquitur.