Fox v. Tice Towing Line, Inc.

288 N.Y. 663 | NY | 1942

Judgments reversed and a new trial granted, with costs to the appellant to abide the event. The evidence presented questions of fact both as to whether the negligence of the defendant was a proximate cause of the accident, and as to whether plaintiffs' intestate was free from contributory negligence. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. *665