Smith v. Town of Orangetown

MOSCOWITZ, District Judge.

At the close of the trial, resulting in a verdict for the defendants, plaintiffs moved to set aside the verdict and for a new trial on the usual grounds, namely, that the verdict was contrary to the law, contrary to the evidence and contrary to the weight of the evidence. At that time the Court stated that a brief would be received solely upon its refusal to charge plaintiffs’ requests numbered 11, 12 and 13, but counsel for the plaintiffs have urged new and additional questions in their brief.

The action was one to recover damages arising out of an accident which…