¶1We think that the dismissal of the complaint was error, as there was a question for the jury as to the negligence of the defendant and the absence of contributory negligence or assumption of risk by the plaintiff. The judgment is, therefore, reversed and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Smith, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event.
171 A.D. 933
Johnson v. Hedden Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1915
Appellate Division of the Supreme Court of the State of New York · decided 1915-12-15
<p>Appeal from a judgment, entered on the 9th day of February, 1914, dismissing the complaint at the close of the plaintiff’s ease upon a trial at Trial Term.</p>
Decided 1915-12-15