Lizak v. Boucher

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: A new trial is required because of deficiencies in the charge. At the close of the evidence a close question of fact was presented as to negligence and contributory negligence. Plaintiff testified that in the early evening he was walking four or five feet from his left edge of a paved suburban road. It was the version of defendant that he was driving at 25 miles an hour when he was “ blinded ” by the headlights of approaching cars. He admittedly failed to see…