New York Court of Appeals, 1947

Leonard v. Home Owners' Loan Corp.

Leonard v. Home Owners' Loan Corp.
New York Court of Appeals · Decided October 17, 1947 · <italic>Per Curiam.</italic>
75 N.E.2d 261; 297 N.Y. 103 (North Eastern Reporter, Second Series)

Leonard v. Home Owners' Loan Corp.

Opinion of the Court

Per Curiam.

In its charge the trial court instructed the jury that a verdict could not be rendered against defendant New York Telephone Company unless it was shown that that defendant “ caused or contributed to cause ” the brick — over which the infant plaintiff tripped — to fall in the alleyway. No objection having been made by plaintiffs, that charge became the law of the case. Since the evidence thus rendered vital was *105 not adduced, we have no alternative hut to affirm the determination dismissing the complaint. (See e.g. Buckin v. Long Island R. R. Co., 286 N. Y. 146, 149.) We pass on no other question. The judgments should be affirmed, with costs.

Lotjghean, Oh. J., Lewis, Conway, Desmond, Thaoheb, Dye and Ftjld, JJ., concur.

Judgments affirmed.

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