Linehan v. United Traction Co.

138 N.Y.S. 1126 | N.Y. App. Div. | 1912

Judgment and order reversed and new trial granted, with costs to appellant to abide event, on the ground that the questions of the defendant’s negligence and of the plaintiff’s contributory negligence were questions of fact for the jury. All concurred, except Smith, P. J., and Kellogg, J., who dissented.