Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The questions of fact have not been considered. The question is whether a principal suing his special agent on the theory of negligence is barred from recovery because of the concurrent negligence of the principal's general agent. The Trial Term in effect instructed the jury that the principal could not recover; and an exception was taken to the charge. We think that in the context...
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