Cohen v. St. Regis Paper Co.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree with the Appellate Division, for the reasons stated in its memorandum, that the evidence of defendant Red Diamond’s negligence was sufficient and that the trial court’s instructions on proximate and intervening cause, when read in the context of the entire charge, were not erroneous. Red Diamond’s request to charge that decedent’s knowledge of the dangers of dry ice would be a superseding cause as a matter of law fails to take into account the possibility of momentary forgetfulness by the decedent.…