Mulero v. Great Gee Furniture Corp.

Judgment for defendant unanimously reversed, on the law and the facts, and a new trial ordered, without costs. Although a verdict for the defendant would be consistent with the record, the court’s -instructions to the jury were so inadequate as to preclude a fair consideration of the factual problem. (Molnar v. Slattery Contr. Co., 8 A D 2d 95, 100; Fox v. Hindus, 268 App. Div. 916.) At four-separate points in the charge the court instructed the jury that plaintiff administratrix was required to show absence of contributory negligence of the infant decedent; and in the one point at which the…