Salzano v. City of New York

Judgment entered February 20,1964, unanimously reversed on the law and the facts and in the exercise of discretion, and a new trial ordered, with $50 costs to plaintiffs-appellants. A jury, by a 10-2 verdict, found for defendant in this action to recover damages for injuries sustained when the female plaintiff fell on a sidewalk. The trial which was limited to the question of liability, presented contested issues of negligence and contributory negligence. In our opinion plaintiffs were prevented from obtaining a fair trial by the cumulative effect of the improper conduct of the Trial Justice,…