CLOHESSY v. FELLE


36 A.D.2d 757 (1971)

Edward Clohessy, an Infant, by His Guardian ad Litem Eleanor Clohessy, et al., Respondents, v. Joseph Felle, Doing Business as The Wishing Well, Defendant, and Marquette Corporation, Appellant

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

March 22, 1971


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The court has considered the questions of fact and has determined that it would not grant a new trial upon those questions. In our opinion the trial court erred in charging the jury that certain provisions of the Industrial Code of the State of New York (rules and regulations promulgated by the Board of Standards and Appeals of the State of New York) with respect to washing machines...

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