Judgment unanimously reversed on the law without costs and new trial granted, in accordance with the following memorandum: The jury determined that defendant Tri-Delta's negligence was not a substantial factor in causing damage to plaintiff's airplane, but went on to find that Tri-Delta was negligent to the extent of 5%. The court erred in failing to mention in its charge the claims made by plaintiff against Tri-Delta. The jury rendered a verdict by the use of a verdict ...
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