259 A.D. 596 | N.Y. App. Div. | 1940
Upon the facts in this case it was error to hold as a matter of law that defendant was not negligent. The issue was one of fact for the jury. By their verdict in favor of plaintiff the jury necessarily found that defendant reasonably could have
The judgment should be reversed, with costs, and the verdict reinstated.
Present ■ — ■ Martin, P. J., O’Malley, Glennon, Cohn and Callahan, JJ.
Judgment unanimously reversed, with costs, and the verdict reinstated.