Dielmann v. Brooklyn Union Gas Co.

Judgment reversed upon the law, and new trial granted, with costs to abide the event. We think the trial court erred in instructing the jury that plaintiff could not recover if he stepped back suddenly into the moving truck. Whether this action on his part constituted contributory negligence was, we think, under the peculiar circumstances disclosed by the record, a question for the jury. Kelly, P. J., Rich, Young and Kapper, JJ., concur; Manning, J., taking no part.