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DORFMAN v. TEXACO, INC.

28 N.Y.2d 886 (1971)

Robert Dorfman, Appellant, v. Texaco, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided May 12, 1971.

Attorney(s) appearing for the Case

Frederic Block for appellant.

Peggy Lee Braden for respondents.

Herman B. Gerringer for New York State Association of Trial Lawyers, amicus curiae.

Concur: Chief Judge FULD and Judges SCILEPPI, BREITEL and JASEN. Judge BURKE dissents and votes to reverse and grant a new trial in the following opinion in which Judges BERGAN and GIBSON concur.

Order affirmed, without costs; no opinion.

BURKE, J. (dissenting).

The trial court committed reversible error in charging contributory negligence. This unwarranted charge of contributory negligence is an example of the tendency to arrange the law into mechanical rules. (See Pound, Mechanical Jurisprudence, 8 Col. L. Rev. 605.)

Plaintiff was the proprietor of a Texaco Service Station. The defendant, Durney, is the driver of one of Texaco...

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