KOWALCZYK v. KRUM


19 A.D.2d 803 (1963)

Edward Kowalczyk, Appellant, v. Marcel Krum, Respondent

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

October 3, 1963


Judgment for defendant after trial in personal injury negligence action, entered on October 25, 1961, unanimously reversed, on the law and in the exercise of discretion, without costs, the verdict vacated and a new trial ordered.

Defendant introduced evidence to support his contention that plaintiff sustained his injuries, at least in part, because he ran into the path of defendant's automobile while suffering from the effects of intoxication. While on the evidence...

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