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Judgment affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Cohn, J., dissents and votes to reverse the judgment and grant a new trial upon the ground that on the evidence adduced the issue as to defendant’s negligence was a question of fact for the jury to determine.
Document Info
Filed Date: 2/23/1940
Precedential Status: Precedential
Modified Date: 10/28/2024