Scarangello v. Interurban St. Ry. Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Lorenzo Scarangello, by Francisco Scarang.ello, his guardian ad litem, against the Interurban Street Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
The record discloses abundant evidence to require submission of the questions of the motorman’s negligence and of the plaintiff’s freedom from contributory negligence to the jury. This was tacitly conceded by the defendant’s counsel when the case was suffered to' go to the jury without objection at the close of the whole case. McGrath v. Home Ins. Co., 88 App. Div. 153, 156, 84 N. Y. Supp. 374, and other cases cited by the defendant’s counsel, do not hold that such a concession does not arise from the failure to move for a nonsuit. The cases are to the effect only that the Appellate Division…
2Cases cited2 opinions
- McGrath v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- McGrath v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1903