Judgment reversed and new trial granted, costs to abide the event, on the ground that the question of plaintiff’s contributory negligence was one of fact for the jury, under the circumstances of the proof. (Hickman v. Schimper & Co., 125 App. Div. 216.) Jenks, P. J., Burr, Carr, Rich and Stapleton, JJ., concurred.
Remington v. Shults Bread Co.
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1913-11-15
Citations: 159 A.D. 924
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