HUNT v. SCHULTZ


21 A.D.2d 743 (1964)

Laura Hunt, Respondent, v. Karl E. Schultz, Individually and as Executor of Marie L. Schultz, Deceased, Appellant. (Action No. 1.)

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

May 21, 1964


Judgment and orders unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

The verdicts in favor of each of these plaintiffs are totally irreconcilable and inconsistent. Contributory negligence is conduct on the part of a plaintiff which falls below the standard to which he should conform for his own protection (Restatement, Torts, § 463). Where, as here, there is one accident and...

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