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Judgments reversed and a new trial granted with costs to the appellant to abide the event on the ground that questions of fact were presented by the record both as to defendant’s negligence and as to plaintiff’s freedom from contributory negligence. No opinion.
Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.
Document Info
Citation Numbers: 48 N.E.2d 168, 290 N.Y. 578, 1943 N.Y. LEXIS 1259
Filed Date: 2/25/1943
Precedential Status: Precedential
Modified Date: 11/12/2024