Lentsch v. International Railway Co. — 153 N.Y.S. 1124

Majority

p. 1124

LENTSCH, Respondent, v. INTERNATIONAL R. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

May 12, 1915.)

Headnote

Action by Joseph A. Lentsch against the International Railway Company.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the assumption of the court in charging the jury that the car was in sight, but not within the radius of safety, is not warranted by the testimony actually given by the plaintiff, and that the exception to the charge presents reversible error.

ROBSON, J., dissents.