John A. Culley v. City New York

Judgment dismissing the complaint, unanimously reversed on the law, and a new trial ordered on the combined issues of liability and damages, with $50 costs and disbursements to the appellant to abide the event. It is our opinion that the court should not have set aside the jury's verdict and should not have directed a judgment for the defendant and dismissed the complaint. The evidence with respect to the negligence of the city presented a question of fact, which was within the jury's province to determine. However, we may not direct the reinstatement of the verdict for the reason that it is not possible to determine,