Staats v. Byers , 73 N.Y.S. 893 ( 1902 )

Laughlin, J.

(concurring): I concur in the result. I am of opinion that it could not be said, as matter of law, that there was no evidence indicating negligence or ignorance on the part of the coachman, and that question, in the first instance at least, was one for the jury, but I think the request which was refused was likely to be understood by the jury as conveying the implication that the coachman was negligent, and, therefore, it was properly refused.