Schubart v. Hotel Astor, Inc.

Smith (Peter), J.

The jury returned a verdict of $2,500 in favor of plaintiff. During the trial the court reserved decision on defendant’s motion to dismiss made at the end of the plaintiff’s case and at the end of the whole case and on defendant’s motion to set aside the jury’s verdict. These motions were made principally on the ground that as matter of law plaintiff failed to show any negligence on the part of defendant. As to its negligence or freedom from negligence, defendant offered no evidence; it rested on plaintiff’s proof. This proof may be briefly summarized:

*433On Saturday evening,…