Keegan v. Union Railway Co. , 6 N.Y.S.2d 372 ( 1938 )

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that there was an issue of fact upon the question of the defendant’s negligence and the contributory negligence of plaintiffs intestate. We do not pass upon the question as to whether a verdict may have been directed under section 457-a of the Civil Practice Act. Present — O’Malley, Untermyer, Dore, Cohn and Callahan, JJ.; Cohn, J., dissents and votes for affirmance.