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140 A.D. 941

Fitzwater v. Warren

Appellate Division of the Supreme Court of the State of New York · decided 1910-11-15

Decided 1910-11-15

¶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.

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