Kissner v. Baxter

Appeal by plaintiff in a personal injury negligence action from a judgment of the Supreme Court, entered upon a verdict of no cause of action. A like judgment on a prior trial was, on appeal to this court, reversed and a new trial ordered, for errors in the charge and because the finding of plaintiff’s contributory negligence, implicit in the verdict, was contrary to the weight of the -evidence. (29 A D 2d 905.) Appellant mistakenly contends that our order determined his freedom from contributory negligence as a matter .of law; but although our reversal -on the ground that the verdict was…