Pascucci v. Intrastate Theatre Corp. ( 1956 )

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that, in our view of it, the evidence presented a question of fact as to the negligence of the defendant. All concur. (Appeal from a judgment of Cattaraugus Trial Term dismissing the complaint at the close of plaintiff’s ease, in a negligence action.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Bastow, JJ.