Springer v. Great Atlantic & Pacific Tea Co.

In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal is from a judgment of the County Court, Westchester County entered on the verdict of a jury dismissing the complaint. Judgment reversed and a new trial ordered, with costs to appellants to abide the event. The case was submitted to the jury on an erroneous theory. The error in the main charge was emphasized when the court denied appellants’ request to charge and commented thereon (see, e.g., Robinson v. City of New York, 5 A D 2d 197). The court should have corrected the charge and…