Nicholson v. City of New York

The jury returned a verdict in favor of the plaintiff for $5,000 damages for the death of her intestate husband. The defendant’s motion for a new-trial, made at the close of the trial, was denied, the court filing the following memorandum:

“At the end of a long trial after the court had fully charged the jury and passed upon additional requests,. to charge, the plaintiff’s counsel concluded a long series of such requests by asking the court to charge that the burden of proof on the question of contributory negligence of the deceased was on the defendant, *564and the court so charged over…