¶1Judgment reversed and new trial ordered; with costs to appellant to abide event. Held, that plaintiff’s alleged assumption of risk, his contributory negligence and the negligence of the defendants were questions for the j pry. All concurred, except Williams, J., who dissented upon the ground of assumed risk and contributory negligence.
140 A.D. 941
Fitzwater v. Warren
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1910
Appellate Division of the Supreme Court of the State of New York · decided 1910-11-15
Decided 1910-11-15