Judgment reversed, on the law, and new trial granted, with costs to abide the event.
In our opinion, in the light of the evidence adduced at the trial, the Trial Justice erred in refusing to charge the jury concerning the applicability of section 1141 of the Vehicle and Traffic Law to the issues herein and concerning whether defendant Rothkrug was confronted with an emergency not of his own making. The evidence presented close questions of fact for the jury's determination...
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