McManus v. Buffalo Taxicab Co.

176 A.D. 897

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 15, 1916
• Status: Published

Opinion

Judgment and order affirmed, with costs. Held: 1. That the

conduct of the trial court was such that a reversal thereon would be required, if the record upon this appeal permitted the conclusion that such attitude and conduct had affected the result, but that such a conclusion is not warranted by the merits of the action. 2. The evidence introduced upon the part of the defendant is substantially a confession of negligence by the defendant. The plaintiff is clearly free from the charge of contribution to the injury. Under these circumstances a new trial should be denied. All concurred.