102 N.Y. 216 | NY | 1886
The defense was placed on two grounds, the negligence of the plaintiff and the absence of negligence on the part of the defendant. The trial judge submitted both questions to the jury, who found a general verdict for the defendant. It is impossible to say whether the jury found for the defendant on both issues, or only on the issue of the defendant's negligence. It is claimed that upon the uncontroverted facts the plaintiff was negligent in venturing upon the walk in its icy condition, when she could have avoided all danger by going *218
upon the walk upon the other side of the street, which was clear and safe. We think this question, under the decisions, was for the jury. (Todd v. City of Troy,
The judgment should, therefore, be reversed and a new trial ordered.
All concur.
Judgment reversed.