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

Appellate Division of the Supreme Court of the State of New York·Decided October 21, 1965·Published·Cited by 1 cases

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.

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

24 A.D.2d 825 (Kepner v. Barry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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