Stagnitti v. Newberry

Appeal from an order of the Supreme Court, Trial Term, Madison County, setting aside a verdict of no cause of action. This action is to recover damages for the alleged wrongful death of a seven-year-old boy who was struck by a vehicle owned by the defendants. The answer contains no allegation of contributory negligence and it was not asserted at the trial. However, in charging the jury the Trial Judge included the law of contributory negligence applicable to infants in death actions. At the completion of the charge, in a conference at the bench, plaintiff’s counsel expressed some indecision…