Logan v. Esterly

Memorandum. We find no reason to disturb the rulings appealed from insofar as they are in favor of plaintiffs against the defendants. We agree with the Appellate Division that the requests to charge the assumption of risk doctrine were deficient in that they should have included the qualification that the jury preliminarily find as a fact that the infant plaintiffs had knowledge that the defendant driver possessed only a learner’s permit, or the contingency that the driver’s lack of skill and experience was the sole cause of the accident. Of interest as to the latter, the jury found other…