O'Neill v. Mitchel Oil Corp.

'In an action to recover damages for personal and property injuries, plaintiff appeals from a judgment of the County Court, Westchester County, dismissing the complaint, entered upon the verdict of a jury. Judgment reversed on the law and the facts and a new trial ordered, with costs to abide the event. The Trial Judge in his charge to the jury limited his instruction with respect to the substantive question of negligence to a general definition of the term “ negligence ” in a single sentence, without mention of the problem of application of the principles of negligence to the specific claims…