¶1Judgment reversed and new trial granted, costs to abide the event, on the ground that under the proofs in this case the question of plaintiff’s freedom from contributory negligence was one of fact for the jury. Thomas, Carr, Rich and Stapleton, JJ., concurred; Burr, J., dissented.
156 A.D. 889
Murphy v. Preston
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1913
Appellate Division of the Supreme Court of the State of New York · decided 1913-03-15
Decided 1913-03-15