VAN v. CLAYBURN


21 A.D.2d 144 (1964)

Glennie M. Van, as Guardian ad Litem of Myra Van, an Infant, et al., Appellants, v. Booker T. Clayburn et al., Respondents

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

May 5, 1964.


Attorney(s) appearing for the Case

Mortimer Schulman for appellants.

Harold M. Harkavy of counsel (Simone, Brant & Stanisci, attorneys), for respondents.

VALENTE, J. P., and McNALLY, J., concur with WITMER, J.; STEUER, J., dissents in opinion, in which STEVENS, J., concurs.


WITMER, J.

In this negligence action the court tried the issue of liability only, and the jury rendered a verdict for the defendants. The facts presented on the trial fully justify the verdict; and it may well be doubted that the plaintiffs can succeed upon a new trial. Nevertheless, the errors committed by the court in its charge are so prejudicial to the plaintiffs-appellants, and go so directly to the heart...

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