Ordered that the judgment is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and the appellants are granted a new trial of their claims against the City of New York.
The trial court instructed the jury that if it found that the deceased's negligence caused or contributed to his death in a material way, the appellants may not recover, regardless of whether that negligence was great or slight. This instruction was clearly erroneous...
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