O'NEILL v. MITCHEL OIL CORP.


284 A.D. 1067 (1954)

Emil J. O'Neill, Appellant, v. Mitchel Oil Corporation et al., Respondents

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

December 31, 1954.


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

The Trial Judge in his charge to the jury limited his instruction with respect to the substantive question of negligence to a general definition of the term "negligence" in a single sentence, without mention of the problem of application of the principles of negligence to the specific claims and evidence with respect to negligence in this case. On the request of defendants...

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