Opinion
November 7, 1949.
In an action to recover damages for personal injuries suffered when the respondent, a pedestrian, was in contact with appellant's bus, judgment entered on the verdict of a jury in favor of respondent reversed on the law and the facts and a new trial granted, costs to abide the event. The verdict is against the weight of the evidence.
Upon the proof adduced, the question of respondent's contributory negligence was for the jury. ( Knapp v. Barrett, 216 N.Y. 226.) Under the charge, to which there was no exception taken, the jury were warranted in finding that the operator of appellant's bus was guilty of negligence which caused the accident.