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Judgment and order reversed and a new trial ordered, with costs to appellant to abide event, on the ground that the court erred in refusing to instruct the jury that they were at liberty to find that a slight projection of the plaintiff’s arm from the window of the car was not negligence, as well as to find that it was negligence. Present — Clarke, P. J.,
*936 Laughlin, Dowling, Smith and Merrell, JJ.; Dowling and Merrell, JJ., dissented.
Document Info
Citation Numbers: 187 A.D. 935
Filed Date: 2/15/1919
Precedential Status: Precedential
Modified Date: 1/12/2023