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— Judgment reversed on the law and a new trial granted, costs to appellant to abide the event. The proof established a prima facie case of negligence; and the question of plaintiff’s contributory negligence under the circumstances was one of fact for determination by the jury. Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ., concur.
Document Info
Citation Numbers: 239 A.D. 841
Filed Date: 5/15/1933
Precedential Status: Precedential
Modified Date: 1/12/2023