Stepniak v. Lake Shore & Michigan Southern Railway Co. , 110 A.D. 923 ( 1905 )

— Plaintiff’s exceptions sustained ana motion for new trial granted, with costs to the plaintiff to abide event. Held, that the questions of defendant’s negligence and absence of contributory negligence on the part of the plaintiff are questions of fact ivhich'should have" been submitted to the jury. All concurred, except McLennan, P. J., and Nash, J., who dissented.