Appellate Division of the Supreme Court of New York, 1921

Myers v. United Traction Co.

Myers v. United Traction Co.
Appellate Division of the Supreme Court of New York · Decided July 15, 1921
198 A.D. 958
Myers v. United Traction Co.

Opinion of the Court

Judgment and order reversed and new trial granted, with costs to appellant to abide event, on the ground that there is no legal evidence of permanent injury, and that the court should have so charged, as requested, and that it was error to permit the witness to swear that there was a reasonable probability that the injury was permanent. All concur, except Kiley, J., *959dissenting. Woodward, J., concurs and votes for reversal on the further ground that the verdict is against the clear weight of evidence as to the negligence of the defendant and the freedom from contributory negligence of the plaintiff. Kiley, J., dissents and votes for affirmance on the ground that there was negligence of the defendant, but the questions referred to were not error, and that the plaintiff’s contributory negligence is not a defense in this action. (Magar v. Hammond, 183 N. Y. 387; Mapes v. Union R. Co., 56 App. Div. 508; Romer v. Long Island R. R. Co., 48 Hun, 352.)

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