Livant v. Adams

Resettled judgment entered December 7, 1961 insofar as appealed from by defendant-appellant Irving Livant unanimously reversed on the law and in the exercise of discretion, that judgment and verdict as to him vacated, and a new trial ordered, with costs to abide the event. The question of defendant-appellant’s contributory negligence was properly put to the jury. On the evidence presented the jury might have reasonably concluded that defendant-appellant’s speed was unreasonable and a concurrent cause. The cases involving an automobile driver confronted with an unexpected situation, not of his…