Von Hulse v. Schmiemann

Judgment reversed upon the law, and new trial granted, costs to appellant to abide the event. It was error for the court to charge the jury as requested by plaintiff’s counsel at folios 687 and 688. The question of plaintiff’s contributory negligence was a close one, and the charge that the advanced age of the plaintiff might be considered in fixing what would be reasonable exercise of care on Ms part, was clearly erroneous. Kelly, P. J., Young, Kapper, Lazansky and Hagarty, JJ., concur.