Anderson v. Public Service Corp.

The opinion of the court was delivered by

Vredenburgh, J.

The record before us exhibits the proceedings at the second jury trial of this case. At the first trial the jury found a verdict for substantial damages in the plaintiffs favor. Upon rule to show cause why that verdict should not be set aside, the Supreme Court made the rule absolute. 49 Vroom 285. In its opinion that court in granting a new trial concluded it in the following language:

“To us it seems manifest that if the story of the plaintiff *701be accepted, his negligence in failing to see or hear the car, under the circumstances, in…