Raia v. Grace Line, Inc.

The judgment is reversed and a new trial ordered, with costs to the appellant to abide the event.

1. The verdict of the jury is against the overwhelming weight of the credible evidence.

2. The court erred in charging the jury, in substance, that the contributory negligence of the plaintiff, if found, would not in any way operate to reduce the amount of his recovery. The defendant was entitled to a charge that the contributory negligence of the plaintiff might operate to reduce his damages proportionately. It is true that contributory negligence was improperly pleaded as a complete rather than…