Appellate Division of the Supreme Court of New York, 1909

Stanfield v. Town of Hamburg

Stanfield v. Town of Hamburg
Appellate Division of the Supreme Court of New York · Decided October 20, 1909 · McLennan, Ouriam
118 N.Y.S. 1144 (New York Supplement)
Stanfield v. Town of Hamburg

Concurring Opinion

McLENNAN, P. J.,

concurs upon the ground that it would not be proper to reinstate the verdict, but is of the opinion that the question of defendant's negligence and the qnestiOu of the intestate's freedom from contributory negligence are questions of fact for the jury. SPRING, J., concurs on the ground that the plaintiff failed to establish the negligence of the defendant or the intestate's freedom from contributory negligence.

Opinion of the Court

PER OURIAM.

Order affirmed, with costs.

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