Kennard v. Welded Tank & Construction Co.

Breitel, J. (dissenting).

The issues are fully detailed in the opinion written by the trial court (26 Misc 2d 1000); it would be bootless to repeat the discussion except to indicate the few points of disagreement which require a reversal and the ordering of a new trial if a just and legally correct result is to be achieved.

Repeatedly, the appellant, plaintiff Karran, was assured during the trial by the trial court that the special questions being submitted to the jury were of no concern to him, and were to be used only to assist the trial court in determining the claims over (by Welded Tank)…