Salvatore v. Nassau Electric Railroad

This was a very close case upon the facts. In submitting to the jury as a question of negligence the motorman’s failure to sound bell or gong upon approaching the middle óf the block where the accident happened, we think the court erred, although no exception thereto was taken. We, therefore,-in oiir discretion reverse the judgment and grant a now trial, with costs to abide the event, since the above submission, though not excepted to, deprived defendant of a fair trial. Jenks, P. J., Mills, Rich, Kelly and Jaycox, JJ., concur.