Appellate Division of the Supreme Court of New York, 1935

Rosenheim v. New York Railways Corp.

Rosenheim v. New York Railways Corp.
Appellate Division of the Supreme Court of New York · Decided April 15, 1935
244 A.D. 709
Rosenheim v. New York Railways Corp.

Opinion of the Court

Judgment reversed and a new trial ordered, with costs to the appellants to abide the event, upon the ground that the court erred in charging the jury that the alleged violations of traffic regulations and the Code of Ordinances were “acts of negligence or negligent acts.” (Knupfle v. Knickerbocker Ice Co., 84 N. Y. 488; McCarragher v. Proal, 114 App. Div. 470; Dodican v. Smith, 221 id. 383; Donnelly v. City of Rochester, 166 N. Y. 315; Hyland v. Cobb, 252 id. 325.) Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.

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