¶1Judgment reversed on the facts and a new trial granted, with costs to abide the event, on the ground that the questions of the negligence of the defendant and the contributory negligence of plaintiff’s intestate should have been submitted to the jury. Blackmar, P. J., Manning and Young, JJ., concur; Kelly and Kelby, JJ., dissent, and vote to affirm.
203 A.D. 863
Hall v. Garbe
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1922
Appellate Division of the Supreme Court of the State of New York · decided 1922-10-15
Decided 1922-10-15