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Judgment and order reversed and new trial granted, costs to abide the event, for error at folio 274 of the record. In the charge made upon request, the degree of care is net stated, and by the charge the issue of contributory negligence is improperly eliminated from the case. Jenks, P. J., Thomas, Stapleton, Rich and Blackmar, JJ., concurred.
Document Info
Citation Numbers: 181 A.D. 942
Filed Date: 12/15/1917
Precedential Status: Precedential
Modified Date: 10/27/2024