151 N.Y.S. 56 | N.Y. App. Div. | 1914
This appeal is from a judgment of the County Court of Queens county in an action for personal injuries. The accident was the result of a collision between a delivery wagon and one of defendant’s trolley cars at a street crossing.
The learned trial court charged the jury that in the operation of its car the defendant was negligent as matter of law, and that if they found the plaintiff free from contributory negligence and that he was actually injured as the result of the collision he was entitled to a verdibt. To this portion of the charge an exception was taken, whereupon counsel for the plaintiff informed the court that he was willing to have the jury determine as a question of fact whether or not the motorman was careless in the operation of the car, and the court responded: “When I charge what the law is I have to charge what I understand is the law and I will stand on it.” The exception to this charge presents the only serious question before the court upon this appeal.
The accident occurred between three and four o’clock in the morning of July 18, 1913. It was wet and misty and the rails
The judgment and order of the County Court of Queens county must be reversed and a new trial ordered, costs to abide the event.
Jenks, P. J., Buee and Thomas, JJ., concurred; Cabe, J., not voting.
Judgment and order of the County Court of Queens county reversed and new trial ordered, costs to abide the event.