Dykstra v. Town of Madison

Cross appeals from a judgment of the Supreme Court in favor of plaintiff, entered June 5,1981 in Madison County, upon a verdict rendered at Trial Term (Zeller, J.). At the close of all testimony in this negligence action, Trial Term instructed the jury. Neither of the parties made any requests or exceptions to the charge as given. Subsequently, the jury returned a verdict in favor of plaintiff for $15,000. In response to Trial Term’s inquiry, the jury indicated that it had considered plaintiff to be partially at fault and that it had accordingly reduced the verdict by the percentage of…