Dalton v. City of New York

In an action to recover damages for personal injuries sustained by the infant plaintiff and by his *1105father for expenses and loss of services, plaintiffs appeal from a judgment in favor of defendant entered upon a directed verdict. Judgment reversed on the law and new trial granted, with costs to abide the event. A verdict may be directed only when the trial court “ would be required to set aside a contrary verdict for legal insufficiency of evidence”. (Civ. Prac. Act, § 457-a, subd. 1; Loewinthan V. Le Vine, 299 N. Y. 372; Blum v. Fresh Grown Preserve Gorp., 292 N. Y. 241.) According to…