Pecor v. Home Indemnity Co. of New York

Appellant contends, (1) that Wilbur Pecor assumed the risk of injuries and that the'court erred in not so finding as a matter of law; (2) that material errors on the trial and prejudicial, improper conduct of plaintiffs’ counsel resulted in a perverse and excessive verdict; and (3) that the court erred in not granting a new trial.

Bearing upon Jackson’s negligence in operating the automobile at the time in question and upon Wilbur Pecor’s assumption of risk, it appears that on the evening of December 10, 1937, Wilbur Pecor, age eighteen, Malcolm Powell, age fifteen, and John Powell, age…