Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.
We agree with the defendant's contention that the trial court erred in refusing to charge the doctrine of comparative negligence to the jury (see, CPLR 1411). Although the evidence adduced was conflicting, a reasonable view thereof establishes that the plaintiff approached and attempted to pet a chained, barking dog at a time when the son of the dog...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.