The Court's Charge. 379 That is the case, gentlemen. I have no right to tell you any of the facts. That is not the province of the court. The duty of the court is to tell you what the law is, and you must accept the law as I hand it down to you, no matter how you may differ with me. Nobody in your jury room may even intimate to you that the law is different. The law that I have given you becomes a part of the record of this case, and if I have erred then he who is aggrieved by it will have his remedy. But if you err, by refusing to accept the law, since you in your jury room deliberate secretly, the one who is aggrieved thereby 380 has no remedy. So I know you are going to accept from me the law as I hand it down to you. Have in mind all the proof in this case, have in mind all of the surrounding circumstances, and the physical facts, draw all reasonable inferences that you want, disregard everything that I have said about the facts, stand upon your own feet, use your own judgment, and then render a verdict. And your verdict will be either in favor of the plaintiff for such sum as you think is fair and proper, or your verdict will be in favor of the defendant. Are there any requests to charge? 381 permitted the man to cross, as he said he did. I suppose your Honor means as the defendant said. The Court: Yes. The officer does not say anything about it. Mr. Carson: May I request the court to charge the jury that your Honor's ruling on the motions made by counsel for the defendant to dismiss the complaint have no bearing upon the question of fact that is now being submitted to the jury, that 382 Requests to Charge. your Honor was just ruling upon questions of law. The Court: I so charge. Mr. Carson: I respectfully ask the court to charge the jury that in passing upon the questions of the accuracy or truthfulness of the testimony of the defense, the jury is at liberty to consider Exhibit 2, the report made by the defendant to the Commissioner of Motor Vehicles. The Court: I refuse to charge in that form. I say, gentlemen, for the purpose of finding out the truthfulness of the testimony of any witness 383 you are to take into account all the testimony that has been developed here, whether it be documentary proof, photographs, or anything else, or oral testimony, parol testimony, which came out of the mouths of the witnesses. Mr. Ruggieri: I ask your Honor to charge the jury that we had a perfect right to subpoena the officer, Officer Eckardt. The Court: Yes, you had a right to subpoena any man as a witness. Mr. Ruggieri: I ask your Honor to charge the jury that if they believed Officer Eckardt, when he said or stated on the witness stand that he did not see the accident, then they must believe that Officer Eckardt does not know the moment 384 the accident happened. The Court: I refuse so to charge, except as already charged. Mr. Ruggieri: Exception. (Court adjourned until 2 P. M.) 385 Verdict. Monday, June 8th, 1931, 10 A. M. (Counsel stipulate to open the sealed verdict of the jury in the absence of the jury.) (The jury rendered a verdict in favor of the plaintiff for $5,000.) Mr. Carson: May it please the court, I most respectfully move to set aside the verdict and for a new trial on the grounds specified in Section 549 of the Civil Practice Act, except the ground of inadequacy of damages, particularly that the verdict is contrary to the instructions of the court, is contrary to the evidence, contrary to the weight of the evidence. The Court: I do not see how this verdict can stand. Mr. Abruzzo: I don't know the first thing about it. The Court: I will give Mr. Ruggieri an opportunity to argue it. 386 Friday, June 12, 1931, 10 A. M. 387 Mr. Latner: Mr. Ruggieri could not be present and asked me to argue it for him. The Court: Motion granted to set aside the verdict. Mr. Latner: Exception. Every person operating a motor vehicle which 389 is involved in an accident that results in the injury or death of any person must report the accident in writing to the Commissioner of Motor Vehicles, Albany, N. Y., within twenty-four hours of the time of occurrence. If the operator of the motor vehicle is physically incapable of making this report, some other participant shall make it. Failure to report such accident is a misdemeanor, and is ground for revocation of license and certificate of registration. Every police or judicial officer to whom a motor vehicle accident, resulting in the injury or death of any person, has been reported, must investi390 gate the facts immediately and then report with out delay to the Commissioner of Motor Vehicles on Form M.V. 104A. ANSWER EVERY QUESTION CLEARLY AND SEND THIS VEHICLES, ALBANY, N. Y. 1. Person making this report: Name-Charles S. Bonanno. Plaintiff's Exhibit 2. 391 Persons involved in the accident 2. Operator of vehicle: Name-Charles S. Bonanno. Op. No. 526769. 3. Owner: Name-Charles S. Bonanno. License Plate_9 N 661. 392 To be filled out if two motor vehicles were involved 9. Name of Operator........ 10. Name of Owner.... To be filled out if three motor vehicles were involved 11. Name of Operator.. 12. Name of Owner... 393 Time and place of accident ANSWER EVERY QUESTION CLEARLY road, or nearest house)—Northwest corner |