Majority
p. 838RYDELL v. GREENHUT & CO. (Supreme Court, Appellate Division, First Department. November 25, 1910.) Argued before INGRAHAM, P. J., and McLAUGHLIN, LAUGHLIN, MILLER, and DOWLING, JJ.
Headnote
Negligence (§ 141[1] )—Contributory Negligence—Instructions.Defendant, in an action for negligence, is entitled to a charge that, if plaintiff was guilty of any negligence, no matter how slight, which contributed to the accident, the verdict must be for defendant.
[Ed. Note.—For other cases, see Negligence, Cent. Dig. § 383; Dec. Dig. § 141.[1] ]
Appeal from Trial Term., New York County.
Action by Emil Rydell against Greenhut & Co. Erom a judgment on a verdict for plaintiff, and from an order denying a motion for new trial, defendants appeal.
Reversed, and new trial ordered. .
Theodore H. Lord, for appellants.
B. L. Rich, for respondent.
The judgment and order appealed from must be reversed, and a new trial ordered, with costs to the appellants to abide the event, for the error of the court in refusing to charge that:
“If the plaintiff was guilty of any negligence, no matter how slight, which contributed, to the accident, the verdict must be for the defendants.”