PLUMMER v. BRODNAX


54 A.D.2d 692 (1976)

AMY Plummer et al., Respondents, v. Carmen Brodnax, as Administratrix of The Estate of Arthur Barrow, Deceased, et al., Defendants, and Martin Boyer et al., Appellants

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

October 5, 1976


Interlocutory judgment and order reversed, on the law and in the interest of justice, and new trial granted, with costs to abide the event.

In our opinion, the Trial Judge committed reversible error in failing to charge the jury on the issue of the contributory negligence of the plaintiffs, who were passengers in a car driven by defendant Boyer. The testimony of plaintiff Donawa indicated that she saw that Boyer was not looking straight at the road when the collision...

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