Opinion
June 25, 1945.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, BURNET, J.
Lawrence H. King and Sidney O. Raphael for appellant.
Rowland H. Long for respondent.
MEMORANDUM
The jury should have been permitted to determine whether or not plaintiff unusually exerted himself ( Simson v. Commercial Travelers Mutual Accident Assn., 263 A.D. 297) or whether or not plaintiff's injury was the natural or probable result of his voluntary act or an unforeseen consequence ( Meyer v. New York Life Insurance Co., 249 A.D. 243).
The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.
HAMMER, SHIENTAG and EDER, JJ., concur.
Judgment reversed, etc.