Eger v. City of New York

Appellate Division of the Supreme Court of New York

Eger v. City of New York

206 A.D. 718

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1923·Published·Cited by 1 cases

Opinion

Judgment and order reversed on the law, and a new trial granted, with costs to abide the event, because of error in the charge of the trial court at folios 394, 395, and the refusal to charge at folios 398-400. (Vanderborg v. City of New York, 158 App. Div. 297.) Rich, Jaycox, Manning and Kelby, JJ., concur; Kelly, P. J., dissents upon the ground that a question of fact was presented as to defendant’s negligence. (Moshier v. City of New York, 190 App. Div. 111, and cases cited.)

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Judgment and order reversed on the law, and a new trial granted, with costs to abide the event, because of error in the charge of the trial court at folios 394, 395, and the refusal to charge at folios 398-400. (Vanderborg v. City of New York, 158 App. Div. 297.) Rich, Jaycox, Manning and Kelby, JJ., concur; Kelly, P. J., dissents upon the ground that a question of fact was presented as to defendant’s negligence. (Moshier v. City of New York, 190 App. Div. 111, and cases cited.)

Eger v. City of New York, 206 A.D. 718 (N.Y. Ct. App. 1923).

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Opinion

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