BACON v. CELESTE


30 A.D.2d 324 (1968)

Evelyn Bacon, Respondent, v. Vincent R. Celeste, Appellant

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

July 9, 1968.


Attorney(s) appearing for the Case

Julius S. Christensen of counsel (Christensen & Caliendo, attorneys), for appellant.

Robert Conason of counsel (Herman Schmertz with him on the brief; David Lieberman, attorney), for respondent.

STEUER, TILZER and MACKEN, JJ., concur with EAGER, J.; STEVENS, J. P., dissents in opinion.


EAGER, J.

The defendant appeals from a judgment entered upon a jury verdict for plaintiff in a personal injury action. The plaintiff, a pedestrian, was struck by defendant's automobile at a street intersection. We conclude that the charge of the court on the question of contributory negligence, in response to the request of the jury for further instructions, was so unclear as to preclude a proper consideration of the issue by the jury.

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