Seibert v. Erie R. 139 N.Y.S. 1144

PER CURIAM.

Plaintiff’s exceptions overruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the nonsuit, with costs.

KRUSE, J.,

dissents, upon the ground that if there was a sudden, violent collision, caused by the engine coming against the car, and the men in charge of the engine knew that the car was being loaded, as can be found from the evidence, a prima facie case was made out, although the loaders knew that an engine was liable to come for the car.