Miocic v. Winters

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered January 3, 1978, which was in defendants’ favor, after a jury trial *771limited to the issue of liability only. Judgment reversed, on the law and as a matter of discretion, and new trial granted, with costs to abide the event. PlaintifFs-appellants claim that the court’s charge to the jury as to contributory negligence was improper—especially in view of the highlighting of one of the issues. due to the court’s submission of a written interrogatory…