FUKAE v. BISHOP


42 A.D.2d 895 (1973)

Roswitha Fukae et al., Respondents, et al., Plaintiff, v. Elizabeth Bishop et al., Appellants

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

September 20, 1973


The trial court's charge to the jury on contributory negligence constituted reversible error. The court, at the request of counsel for the defendant, charged the jury: "Contributory negligence, to be a bar to this action need not be a substantial factor. Any contributory negligence contributing to the happening of the accident, no matter how slight, will bar recovery on the part of the plaintiff." Immediately thereafter, upon request of counsel for the plaintiff, the court...

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