Appellate Terms of the Supreme Court of New York November 24, 1908 (Gabel v. Brooklyn, Queens County & Suburban Railroad)

lead-opinion

SEABURY, J.

The charge which the counsel for the defendant requested the court to make was incorrect in form. The defendant’s witnesses testified to facts tending to establish that the agents of the defendant were free from negligence, and that the plaintiff was guilty of contributory negligence.