LOGAN v. JACKSON


1 A.D.2d 146 (1956)

Frederick Logan, Jr., an Infant, by Frederick Logan, His Guardian ad Litem, et al., Respondents, v. Russel Jackson, Appellant

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

February 14, 1956.


Attorney(s) appearing for the Case

James J. McLoughlin of counsel (Anthony J. De Cicco, attorney), for appellant.

Stephen K. Rapp of counsel (Max Schorr with him on the brief; Sidney M. Offer, attorney), for respondents.

PECK, P. J., BASTOW, RABIN, COX and FRANK, JJ., concur.


Per Curiam.

The charge of the court upon the subject of contributory negligence of the infant plaintiff when considered in its entirety was so confusing that it is doubtful if the jury could possibly have obtained a clear idea as to the law applicable thereto. It was long ago written that it might be "better if the phrases non sui juris and sui juris were dropped altogether in the restricted and uncertain...

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