Filed Date: 11/7/1949
Status: Precedential
Modified Date: 10/19/2024
Nolan, P. J., Johnston, Adel and Wenzel, JJ., concur; Sneed, J., dissents and votes to affirm, with the following memorandum: Upon the proof adduced, the question of respondent’s contributory negligence was for the jury. (Knapp V. Barrett, 216 N. Y. 226.) Under the charge, to which there was no exception taken, the jury were warranted in finding that the operator of appellant’s bus was guilty of negligence which caused the accident.