Appellate Terms of the Supreme Court of New York February 23, 1905 (Muriano v. Interurban Street Railway Co.)

PER CURIAM.

The justice erred in charging the jury that if the truck which plaintiff was driving was at a standstill the motorman had no right to put on full speed and strike the truck. The effect of this charge was to withdraw from the jury any question as to the negligence of the motorman in a certain contingency.