Appellate Division of the Supreme Court of New York, 1908

Pase v. Woodside Heights Land Corp.

Appellate Division of the Supreme Court of New York · Decided January 17, 1908 · Jenks

108 N.Y.S. 125 (New York Supplement)

Counsel

Gregg, O’Leary, Frank & De Witt, for appellant., George L. Glaser, for respondent.

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; section 20, Municipal Court Act (Laws 1902, p. 1496, c. 580). 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 tha. rule.

Order of the Municipal Court affirmed, with costs. All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.