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Per Curiam : We think there should be a new trial in this case on the ground that the question as to the defendant’s negligence and the plaintiff’s freedom from contributory negligence should have been presented to the jury. The
*942 judgment should be reversed and new trial ordered, with costs to appellant to abide event. Present—-Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event.
Document Info
Citation Numbers: 126 A.D. 941, 111 N.Y.S. 1110
Filed Date: 6/15/1908
Precedential Status: Precedential
Modified Date: 1/13/2023