Heath v. Broadway & Seventh Avenue Railroad

27 Jones & S. 592, 59 N.Y. Sup. Ct. 592

Opinion

The point involved was as to whether the trial judgé erred in refusing to charge that there was no evidence as to a certain fact in the case. The Court (Gildersleeve, J., writing, Freedman and Dugro, JJ., concurring) held that there was sufficient evidence to carry the cause to the jury on that fact, and affirmed -the judgment and order, with costs.