Harnett v. Bleecker Street & Fulton Ferry Railroad

Ingraham, J.—[Concurring.]

—I agree with the Chief Judge that the judgment should be affirmed. I do not *189think that there was any evidence upon which a finding of the jury that plaintiff was not guilty of contributory negligence could be upheld. The, absence of contributory negligence is part of the plaintiff’s case, and as plaintiff failed to establish that, she was properly nonsuited.