Leventer v. Sheffield Farms-Slawson-Decker Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Beny Deventer against the Sheffield Farms-SlawsonDecker Company. From a judgment of the Municipal Court, entered on the verdict of the jury for plaintiff, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtSeabury, J.
The plaintiff sued to recover damages for personal injuries alleged to have been sustained by reason of the defend*778ant’s negligence. The learned court below charged the jury as follows :
“If you believe plaintiff’s story and his witnesses, he is entitled to recover. If you believe the defendant and his witnesses, your verdict must be in favor of the defendant.”
This form of charge has been repeatedly condemned by appellate courts. It fails to submit to the jury the question of fact which by law they are required to determine, and permits them to determine the issues involved from a determination…
2Cases cited4 opinions
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
- Smith v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1902
- Johnston v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Miners & Merchants Bank of Alaska v. BradyAppellate Terms of the Supreme Court of New York · 1912