Volume 27 — New York State Reporter

<p>1. Negligence—Charge.</p> <p>The court charged that if the gripman on the car was looking back, and the accident would not have happened had he been looking forward, and his inattention was the proximate cause of the accident, the defendant is liable. Held, error, as it utterly ignored the question of contributory negligence.</p> <p>•$,. Same.</p> <p>It is error to charge as matter of law that the absence of a particular precaution which is not required by law makes a railroad company negligent.</p>

<p>Appeal from an order denying a motion to revive the proceeding by substituting the executors of the petitioner in his place and stead.</p>

<p>Marine collision—Negligence—When a question eor the jury.</p> <p>Plaintiff was in a shell racing boat on Harlem river, and saw defendant’s tug and a catial boat tied to a dock ahead. After proceeding a hundred feet he again looked and saw them coming at full speed. He commenced backing and shouted to the tug, which gave no response, but kept on until it struck the shell. Held, that the questions of negligence and contributory negligence were for the jury to determine, and that the case was properly submitted to them.</p>

<p>Maeine collision.</p> <p>In an action for damages through a marine collision caused by alleged negligence on the part of defendant, the evidence was conflicting, and the general term held that the facts led to the conclusion that the case was one for the jury, and should not be disturbed, and the court of appeals affirms the judgment.</p> <p>(Gritay, J., dissenting.)</p>

<p>Abatement and revivor—Assessments.</p> <p>A proceeding to vacate an assessment is a special proceeding, and is entirely abated by the decease of the petitioner.</p>

<p>Motion to amend remittitur.</p>

<p>Motion to amend remittitur.</p>