Friershausen v. City of New York

254 A.D. 850 | N.Y. App. Div. | 1938

— Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that the verdict was against the weight of the credible evidence. Present — -Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Martin, P. J., and Callahan, J., dissent and vote to dismiss the complaint on the ground that contributory negligence was established as matter of law.