Judgment and order reversed on the law and a new trial granted, with costs to the appellants to abide the event.
Memorandum:
The trial court instructed the jury that plaintiff's intestate was charged with the duty of looking intelligently and giving such attention to the operation of the truck in which he was riding as would reasonably tend to avoid accident; that he was required to exercise the same degree of care, caution and prudence as the operator of...
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