Kirby v. Newman

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1924-02-15
Citations: 208 A.D. 791
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Lead Opinion

Order setting aside verdict affirmed, and new trial granted, with costs to abide the event. No opinion. Kelly, P. J., Manning and Kapper, JJ., concur; Jaycox and Young, JJ., dissent upon the ground that the question of defendant’s negligence was a question of fact for the jury, and its finding thereon should not be disturbed. [See post, p. 814.1