LOTITO v. CITY OF NEW YORK


278 A.D. 581 (1951)

Lucia Lotito, Appellant, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 1951.


Judgment reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event.

During the plaintiff's case, counsel attempted to show that his client was suffering from defective vision at the time of the accident. Such proof was proper at that time on the question of the contributory negligence of the plaintiff, but the court sustained an objection thereto. This was prejudicial error. (Shields v. Consolidated Gas Co., 193 App...

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