Siegelman v. Truelson

In a negligence action to recover damages for personal and property injuries, defendant Myers appeals from a judgment of the Supreme Court, Queens County, entered February 22, 1971, in favor of plaintiff, upon a jury verdict. Judgment reversed, on the law, and new trial granted as between plaintiff and defendant Myers on the cause for personal injuries, with costs to abide the event. The questions of fact have been considered and a new trial would not be granted upon those questions. The trial court’s instruction to the jury as to contributory negligence constituted prejudicial error. The…