Schwartz v. Goldberg
Schwartz v. Goldberg
Opinion of the Court
In the court below the plaintiffs Esther Goldberg and Beatrice Klein, in two actions which were tried together, severally recovered damages for injuries sustained by them while riding in a carriage hired by one Jacobs for himself and the plaintiffs from defendants, who were in the business of renting vehicles to the public. It was contended by the plaintiffs the vehicle was not in good
The members of this court have individually studied the voluminous proofs, and have collectively discussed them, and we are satisfied the trial judge would have committed error had he given the binding instructions for the defendants asked. The case was peculiarly one for a jury to pass upon, ;ind we see no justification for a long and intricate discussion of the testimony of witnesses bearing, among other things, on the alleged faulty condition of the carriage and of the alleged makeshift and careless character of the ways in which it was patched up with hay wires which it is alleged broke, instead of being strengthened with bolts.
Accordingly we limit ourselves to saying wo find the proofs justified the submission of the ease to the jury, and the judgment based on the verdict which found the defendants at fault is affirmed.
Reference
- Full Case Name
- SCHWARTZ v. GOLDBERG SAME v. KLEIN
- Status
- Published