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SPRINGER v. GREAT ATL. & PAC. TEA CO.

7 A.D.2d 857 (1959)

Syd Springer et al., Appellants, v. Great Atlantic & Pacific Tea Company, Respondent

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

January 12, 1959

Judgment reversed and a new trial ordered, with costs to appellants to abide the event.

The case was submitted to the jury on an erroneous theory. The error in the main charge was emphasized when the court denied appellants' request to charge and commented thereon (see, e.g., Robinson v. City of New York, 5 A.D.2d 197). The court should have corrected the charge and instructed the jury in substance that it could find that...

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