Yanul v. City of New York

In such circumstances, while in our opinion it was error for the court to have charged that the vehicle on the right had the right of way (cf. Ward v. Clark, 232 N. Y. 195, 198; Plantz v. Greiner, 232 App. Div. 73, 75), nevertheless the reversal of the judgment is not required by reason of such error. That portion of the charge was given in connection with Peter and Mary Yanul’s right to recover against defendants Socony and Kornrich, and neither Welsbach nor the city was prejudiced thereby, particularly since the question of the contributory negligence of Peter Yanul was submitted to the…