Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event.
Memorandum:
The error committed by the trial court in charging the jury, in the actions brought by the Sherwoods, that Justin Fleming was negligent as a matter of law, so infected the result in the present case that, in the interest of justice, a new trial should be had. We are also mindful of the error occasioned by the failure adequately to instruct...
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