New York Court of Appeals
Matthias Ruppert, as Administrator of Joseph Ruppert, Deceased, Respondent v. the Brooklyn Heights Railroad…
October 12, 1897154 N.Y. 90
Summary
The Court examined whether the evidence was sufficient to infer that the Brooklyn Heights Railroad negligently left a granite paving block in the street that caused the death of the plaintiff’s son. Finding that the circumstantial evidence did not exclude the reasonable inference that another party placed the stone, the Court reversed the verdict for the plaintiff and ordered a new trial.