
    SUPREME COURT, APPELLATE TEEM.
    MARCH, 1907.
    Hugh B. Greek, Respondent, v. The Union Railway Company, Appellant.
    Carriers — Carriage of passengers — Liability for personal injuries to passengers — Actions by passengers for personal injuries — Instructions— As to damages.
    Appeal by the defendant from a judgment for $301.50, entered in plaintiff’s favor in the Municipal Court of the city of Hew York, second district, borough of the Bronx.
    William E. Weaver, for appellant.
    Headley M. Greene, for respondent.
   Per Curiam.

Defendant appeals from a judgment for

$301.50 in favor of the plaintiff, entered upon the verdict of a jury. The judgment should be reversed because of erroneous instructions to the jury contained in the charge of the learned justice presiding. In explaining the rule of damages to be applied in the case, the court said: “A good many jurors do put themselves right in his place and say: What under the circumstances would I want for injuries and sufferings of that kind.” Proper exception was then taken to this part of the charge, and the court thereupon added: “ Hot what they would take, what they would want.” Exception was also taken to this statement. This error was doubtless prejudicial. Stantial v. Union R. Co., 52 Misc. Rep. 653; Schmidt v. Interborough R. T. Co., 49 id. 255; Rhodes v. Union R. Co., 52 id. 501.

Present: Gildebsleeve, Davis and Hehdeick, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.  