Mugman v. Brooklyn & Queens Transit Corp. , 37 N.Y.S.2d 564 ( 1942 )

Even though there was negligence on the part of the operator of the automobile or the motorman of the trolley and the plaintiffs were free from contributory negligence, and although the jury was instructed to find negligence on the part of either defendant, a question of fact was presented to the jury as to whether or not personal injuries had been sustained by reason of such negligence. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ.