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Cohen v. New York City Railway Co.

95 N.Y.S. 1122 Court N.Y. App. Term Decision date 1905-10-27 English

Delivered by BISCHOFF, J.

Contents

Majority

p. 1122
COHEN, Appellant, v. NEW YORK CITY RY. CO., Respondent.
(Supreme Court. Appellate Term.
October 27, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Kassel Cohen against the New York City Railway Company. From an order setting aside a verdict, plaintiff appeals.
Affirmed.
Herman M. Schaap, for appellant.
William E. Weaver, for respondent.

It appears from the evidence that the plaintiff failed to use any care in .the matter of looking for approaching cars at a point where the result of his observations would have been of moment. Substantial justice is to be served by the submission of the case to another jury, and in our opinion the order setting aside the verdict involved no erroneous exercise of discretion. Order affirmed, with costs.