Felts v. Albany Port District , 272 A.D.2d 621 ( 1947 )

Heffernan, J.,

(dissenting). I dissent and vote to aErm the judgment and order under review. In my opinion there is ample proof from which a jury could find that appellants were negligent. Whether or not respondent was guilty of contributory negligence is a question of fact and not of law. On the record before us the trial judge properly left that question to the jury and we should not upset their finding.

Bbewsteb, Fosteb and Bussell, JJ., concur with Hill, P. J.; Heffebitah, J., dissents in a memorandum.

Judgment reversed on the law and facts, without costs, and complaint dismissed, without costs.