Schechwitz v. New York City Ry. Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Bettie Schechwitz, an infant, against the New York City Railway Company. From a judgment for plaintiff, after a trial before the court and jury, defendant appeals. Reversed, and new trial granted.
1Per curiam
The action is for personal injuries, and the jury found for the plaintiff. We would not be disposed to interfere with this conclusion of the jury, were it not for certain errors in the charge. Plaintiff’s counsel asked the court to charge as follows: “If the plaintiff was not warned by the defendant that she should not get out of the car, the step being up, in that case 'she is entitled to a verdict.” The. court replied: “I have so charged. It is substantially what I. have charged.” Thereupon the defendant’s counsel said: “I except to the charge.” The court could not arbitrarily designate a…
2Cited by1 opinion
- Bingham v. JolineAppellate Terms of the Supreme Court of New York · 1909