Kalish v. Krieger

Judgment, Supreme Court, New York County, entered December 26, 1972, after jury trial, affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. While the charge might not be considered perfect or a model of precision, it may fairly be termed adequate to instruct the jury with respect to negligence as a proximate cause of the accident, and contributory negligence as a bar to recovery. (Cf. Schmoll v. Luther, 36 A D 2d 996.) The charge must be considered as a whole. So considered, it is concluded that it served to apprise the jury of the necessary principles…