LA GATTUTA v. CENT. HUDSON GAS & ELEC. CORP.


40 A.D.2d 686 (1972)

Christine La Gattuta, as Administratrix of The Estate of Vito La Gattuta, Deceased, Appellant, v. Central Hudson Gas & Electric Corp., Respondent

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

October 10, 1972


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

We have considered the questions of fact and have determined that we would not grant a new trial upon those questions. We are of the view that a jury would find the charge of the trial court difficult to comprehend. Thus, it was error for the court to refuse to specifically charge, as requested, that any negligence of the decedent's fellow...

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