Sawyer v. Cone

It affirmatively appears by plaintiff’s own testimony that he was guilty of contributory negligence, and we are of opinion that a new trial should no't be granted merely for. the purpose of affording him an opportunity of changing his testimony. The order of the City Court of New Rochelle is, therefore, reversed and the judgment reinstated, with costs. Rich, Blackmar and Jaycox, JJ., concur; Mills and Kelly, JJ., dissent.