Kepner v. Barry

Appellate Division of the Supreme Court of New York

Kepner v. Barry

24 A.D.2d 825, 264 N.Y.S.2d 129, 1965 N.Y. App. Div. LEXIS 3262

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 21, 1965

StatusPublished

Cited by1 cases

This text of 24 A.D.2d 825 (Kepner v. Barry) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kepner v. Barry, 24 A.D.2d 825, 264 N.Y.S.2d 129, 1965 N.Y. App. Div. LEXIS 3262 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order unanimously modified on the law and facts so as to direct a new trial of all issues and as so modified affirmed, without costs of this appeal to either party. Memorandum: The inadequacy of the verdicts may have been the result of a compromise by members of the jury because of doubt as to plaintiff’s right to recover. (See 4 Weinstein-Korn-Miller, N. Y. Prac., par. 4404.34.) Furthermore, the trial court failed to adequately charge the jury as to contributory negligence. (See 1 New York Pattern of Jury Instructions, Civil, pp. 176-177.) (Appeal from order of Erie Special Term granting a new trial only as to the amount of damages.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Yecchio, JJ.

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Order unanimously modified on the law and facts so as to direct a new trial of all issues and as so modified affirmed, without costs of this appeal to either party. Memorandum: The inadequacy of the verdicts may have been the result of a compromise by members of the jury because of doubt as to plaintiff’s right to recover. (See 4 Weinstein-Korn-Miller, N. Y. Prac., par. 4404.34.) Furthermore, the trial court failed to adequately charge the jury as to contributory negligence. (See 1 New York Pattern of Jury Instructions, Civil, pp. 176-177.) (Appeal from order of Erie Special Term granting a new trial only as to the amount of damages.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Yecchio, JJ.

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Bluebook (online)

24 A.D.2d 825, 264 N.Y.S.2d 129, 1965 N.Y. App. Div. LEXIS 3262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kepner-v-barry-nyappdiv-1965.

Opinion

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