Judgment unanimously reversed, on the law and the facts, and a new trial granted with costs to abide the event.
Memorandum:
The record contains evidence that both the deceased pedestrian and the defendant operator had imbibed alcohol shortly before the accident. Errors in the court's charge and certain refusals to charge require that a new trial should be had. In view of the testimony referring to drinking the court should not have taken away from the jury...
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