Fisher v. Bartley — 275 N.Y. 469

Majority

p. 469

Charles J. Fisher, Jr., an Infant, by Mary E. Fisher, His Guardian ad Litem, Respondent, v. Samuel P. Bartley et al., Appellants.

Argued June 1, 1937

decided July 13, 1937.

p. 470

Francis L. Driscoll and Lorenz J. Brosnan for appellants.

Frank P. Ufford and St. Clair Hertel for respondent.

Judgments reversed and new trial ordered, with costs to abide the event. It was error to instruct the jury in the text of the memorandum decision of the Appellate Division rendered on the former appeal ( 246 App. Div. 609 ). These instructions in effect allowed the jury to find the defendants liable for a mere error of judgment. No opinion. (See 275 N. Y. 544 .)

Concur: Crane, Ch. J., Lehman, O’Brien and Lough-ran, JJ. Dissenting: Hubbs, Finch and Rippey, JJ.