¶1Judgment dismissing complaint reversed upon the law and the facts, and a new trial granted, costs to abide the event, upon the ground that plaintiff made out a prima facie case on both the questions of negligence and contributory negligence, which required submission to the jury. Lazansky, P. J., Young, Kapper and Scudder, JJ., concur; Rich, J., dissents.
223 A.D. 861
Hoffmann v. Wisely
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1928
Appellate Division of the Supreme Court of the State of New York · decided 1928-04-15
Decided 1928-04-15