Ege v. City of Buffalo

Appellate Division of the Supreme Court of New York

Ege v. City of Buffalo

89 N.Y.S. 1103

Appellate Division of the Supreme Court of the State of New York·Decided July 6, 1904·Published

Opinion

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law only; the facts having been examined and no error found therein. Held, that the learned trial court committed error in charging the jury that as matter of law the plaintiff was free from contributory negligence, and that such issue should have been submitted to the jury for their determination.

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PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law only; the facts having been examined and no error found therein. Held, that the learned trial court committed error in charging the jury that as matter of law the plaintiff was free from contributory negligence, and that such issue should have been submitted to the jury for their determination.

Ege v. City of Buffalo, 89 N.Y.S. 1103 (N.Y. Ct. App. 1904).

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