Culley v. City of New York

Judgment dismissing the complaint, unanimously reversed on the law, and a new trial ordered on the combined issues of liability and damages, with $50 costs and disbursements to the appellant to abide the event. It is our opinion that the eourt should not have set aside the jury’s verdict and should not have directed a judgment for the defendant and dismissed the complaint. The evidence with respect to the negligence of the city presented a question of fact, which was within the jury’s province to determine. However, we may not direct the reinstatement of the verdict for the reason that it is…