SIEGELMAN v. TRUELSON


39 A.D.2d 722 (1972)

Richard Siegelman, Respondent, v. Raymond Truelson et al., Defendants, and Eldridge E. Myers, Appellant

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

May 1, 1972


Judgment reversed, on the law, and new trial granted as between plaintiff and defendant Myers on the cause for personal injuries, with costs to abide the event.

The questions of fact have been considered and a new trial would not be granted upon those questions. The trial court's instruction to the jury as to contributory negligence constituted prejudicial error. The charge was unduly confusing, as it discussed this issue in terms of whether plaintiff's negligence...

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