Fukae v. Bishop

Judgment, Supreme Court, New York County, entered October 7, 1972, in favor of plaintiffs on the issue of liability, is unanimously reversed, on the law, and vacated, and a new trial directed, with $60 costs and disbursements to abide the event. The trial court’s charge to the jury ón contributory negligence constituted reversible error. The court, at the request of counsel for the defendant, charged the jury: “Contributory negligence, to be a bar to this action need not be a substantial factor. Any contributory negligence contributing to the happening of the accident, no matter how slight,…