Franolich v. Metropolitan Express Co.

PER CURIAM.

There was some evidence tending to establish the fact that the horses and wagon which caused plaintiff’s injuries belonged to the defendant. The fact that the wagon was partially upon the sidewalk was a circumstance from which negligence might naturally be inferred, and the granting of the motion for a nonsuit was error. Rehberg v. The Mayor, 91 N. Y. 137, 43 Am. Rep. 657.

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.