Appellate Division of the Supreme Court of New York, 1908

Pase v. Woodside Heights Land Corp.

Pase v. Woodside Heights Land Corp.
Appellate Division of the Supreme Court of New York · Decided January 15, 1908 · Jenks
124 A.D. 891
Pase v. Woodside Heights Land Corp.

Opinion of the Court

Jenks, J.:

The court upon the rendition of the verdict set it aside and ordered a new trial. It must be assumed that the order was made upon the exceptions. (Rule 31, Supreme Court; Muh. Ct. Act, § 20.)* I think that the order was right, inasmuch as the learned Municipal Court charged the jury that the defendant was bound to use extraordinary care, which is not the rule. Hooker, Gaynor, Rich and Miller, JJ., concurred. Order of the Municipal Court affirmed, with costs.

See General Rules of Practice, rule 81; Mun. Ct. Act (Laws of 1902, chap. 580), § 20.—[Rep.

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