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Kepner v. Barry

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 21, 1965
24 A.D.2d 825 (N.Y. App. Div. 1965)

Opinion

October 21, 1965

Appeal from the Erie Special Term.

Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.


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.)


Summaries of

Kepner v. Barry

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 21, 1965
24 A.D.2d 825 (N.Y. App. Div. 1965)
Case details for

Kepner v. Barry

Case Details

Full title:HORACE KEPNER, Respondent, v. GERALDINE BARRY, Orleans County Treasurer…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 21, 1965

Citations

24 A.D.2d 825 (N.Y. App. Div. 1965)

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