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292 N.Y. 699

56 N.E.2d 114

Grassmann v. Fromm

New York Court of Appeals

Decided May 25, 1944

New York Court of Appeals · decided 1944-05-25

Decided 1944-05-25

¶1 Judgments reversed and a new trial granted, with costs to abide the event. Inhere was evidence from which the jury could have found that the plaintiff was a licensee to whom the defendant owed the duty to refrain from an act of affirmative negligence. In those circumstances the questions of defendant’s negligence and plaintiff’s freedom from contributory negligence were for the jury. No opinion.

Concur: LehmaN, Ch. J., LottgheaN, Lewis, CoNwat, Desmond and Thachee, JJ. Taking no part: Bippey, J.
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