Appellate Division of the Supreme Court of New York, 1910

Stanfield v. Town of Hamburg

Stanfield v. Town of Hamburg
Appellate Division of the Supreme Court of New York · Decided October 15, 1910
140 A.D. 917; 125 N.Y.S. 1145
Stanfield v. Town of Hamburg

Opinion of the Court

Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that as matter of law the plaintiff failed to establish freedom from contributory negligence. All concurred, Spring, J., on the further ground that as matter of law the plaintiff failed to show any actionable negligence on the part of the defendant, except McLennan, P. J., who dissented and voted for affirmation on the ground that the questions of negligence and of freedom from contributory negligence are questions of fact for the jury.

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