¶1Judgment insofar as appealed from unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. Memorandum : The finding implicit in the verdict that the plaintiff was guilty of contributory negligence is against the weight of the evidence. (Appeal from certain parts of judgment of Monroe Trial Term in negligence action.) Present— Del Vecchio, J. P., Marsh, Moule, Bastow and Henry, JJ.
33 A.D.2d 654
Brooks v. Ashe
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1969
Appellate Division of the Supreme Court of the State of New York · decided 1969-10-30
Decided 1969-10-30