Rogers v. Reynolds

Judgment unanimously reversed on the law without costs and new trial granted on the issue of damages only. Memorandum: We have reviewed the court’s charge on the issue of liability and we find it to be essentially correct. Although it was not proper to charge that the restaurant owner defendants had "special skills”, the court otherwise repeatedly made it clear that it was their duty to "use the skill and care that others in the [restaurant business] would reasonably use in the same situation”. Viewed in its entirety, the charge correctly stated the rule to be applied by the jury to this…