Steinheimer v. McKinnon

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1917

Appellate Division of the Supreme Court of the State of New York · decided 1917-03-15

<p>Appeal from a judgment dismissing the complaint after a' trial at Trial Term.</p>

Decided 1917-03-15

Per Curiam:

¶1The question of contributory negligence, taking into, account the age, intelligence and experience of the infant plaintiff, should have been submitted to the jury. The judgment should be reversed and a new trial ordered, with costs to appellant to abide the event. Present — Clarke, P. J., Scott, Davis and Shearn, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event.