Edgerton v. New York State Railways , 159 N.Y.S. 1110 ( 1916 )

—Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that the question of the plaintiff’s contributory negligence, as well as that of the defendant’s negligence, was a question of fact for the jury. All concurred, except Foote, J., who dissented, and De Angelis, J., not voting.