Citation Numbers: 208 A.D. 703
Filed Date: 12/15/1923
Status: Precedential
Modified Date: 10/27/2024
Judgment and order affirmed, with costs. No opinion. Rich, Manning, Kelby and Kapper, JJ., concur; Kelly, P. J., dissents upon the ground that it was error to charge the jury that if the accident happened as stated by the witnesses for the defendant, the defendant was entitled to a verdict, being of opinion that assuming such facts, it was for the jury to say whether the motorman was guilty of negligence.