WERNER v. HERTZ CORP.


18 A.D.2d 888 (1963)

Harry Werner, Respondent, v. Hertz Corporation et al., Appellants

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

February 5, 1963


Judgment entered on June 7, 1962, in favor of plaintiff in the sum of $14,210 in a personal injury action, unanimously reversed, on the law and facts, in the exercise of discretion, and in the interests of justice, and a new trial granted, with costs to abide the event.

It was prejudicial error to defendants for the court to charge the jury in substance, thrice, that before plaintiff went to the side of his car to place some purchases in the rear portion thereof he...

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