Fox v. Hindus

268 A.D. 916, 51 N.Y.S.2d 201, 1944 N.Y. App. Div. LEXIS 4243

Opinion

Action by plaintiff wife to recover damages for burns sustained in the bathroom of an apartment house in which she was a tenant. Companion action by plaintiff husband for expenses and loss of services. Judgment for the defendant reversed on the law and the facts and a new trial granted, with costs to abide the event. The manner of submission to the jury was of so confusing a character as to preclude fair consideration by the jury of the plaintiffs’ contentions. The interests of justice require that there be a new trial. Close, P. J., Carswell, Johnston, Lewis and Aldrich, JJ., concur.