Field v. Manufacturers Trust Co.

This is an action for damages for personal injuries tried before me. The trial began before a jury but near the close the jury was waived, as likewise were findings of fact and conclusions of law, and it was stipulated the court should consider the testimony as if taken from the inception before it without a jury. Decision was reserved on all motions save one no.t necessary to this decision to detail.

Plaintiff, a tenant of defendant’s apartment house at 90 Riverside Drive, Borough of Manhattan, City of New York, while acting as an air raid warden with the knowledge and consent of defendant’s…