DURANT v. TRANS WORLD AIRLINES, INC.


38 A.D.2d 930 (1972)

Jack Durant, Appellant, v. Trans World Airlines, Inc., Defendant, and East Side Airlines Terminal Corp. et al., Respondents

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

March 27, 1972


The trial court erred in dismissing the complaint at the end of plaintiff's case on its ruling that plaintiff's attempt to find his way into the East Side Airlines Terminal Building during the massive power failure on November 9, 1965, constituted contributory negligence as a matter of law. The record establishes that plaintiff was transported from Newark Airport to the East Side Terminal by defendant Carey. The street lights were out; there was a total blackout. In disregard...

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