Quarcini v. Blackwell

Judgment and order affirmed, with costs. Memorandum: The evidence presented a factual issue and the verdict of the jury was not against the weight of the evidence. The charge of the trial court contained an erroneous statement of law but considered in the light of all the instructions we conclude that the error was not of sufficient gravity to warrant a new trial. In response to one of plaintiff’s requests the jury was told that a driver should exercise “ extreme care or caution ” when driving on a street where children are playing. This, of course, was not a correct statement but apparently…