ORTIZ v. WOOD


30 A.D.2d 636 (1968)

Francisco Ortiz, an Infant, by Alfonso Ortiz, His Father and Natural Parent, et al., Respondents, v. Gertrude Wood, Appellant, and Jose R. Merced, Respondent

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

May 16, 1968


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

Memorandum:

After a period of deliberation, the jury returned and announced that "we find negligence in the degree of 90 per cent for Mrs. Wood and 10 per cent for Merced". Thus, the jury found both defendants guilty of some degree of negligence. The court then had two alternatives. It could have entered the verdict as against both defendants or could...

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