Marsh v. Town of Belfast
140 N.Y.S. 1131 | N.Y. App. Div. | 1913
Judgment and order reversed and new trial granted, with costs to appellant to abide event. All concurred, except Robson and Foote, JJ., who dissented. Held, that the question of defendant’s negligence and of plaintiff’s freedom from contributory negligence were questions of fact which should have been submitted to the jury.