Opinion
November 22, 1939.
Appeal from Schenectady County.
Present — Hill, P.J., Crapser, Bliss, Schenck and Foster, JJ.
Defendant's automobile backed over plaintiff while he was repairing a building and lay with his body under the building with his feet sticking out. There was a question of fact whether the automobile was standing near the scene of the accident at the time the plaintiff got under the building and also as to whether plaintiff was in back of the automobile when defendant got into the car prior to backing it up. While the court does not approve of the mathematical formula expressed in the charge as to the percentage of contributory negligence which will defeat a recovery, experienced trial counsel did not except thereto. We find no erroneous rulings on evidence which would warrant a reversal. The verdict is in accord with the justice of the case. Judgment and order unanimously affirmed, with costs.