Appellate Division of the Supreme Court of New York, 1913

Marsh v. Town of Belfast

Marsh v. Town of Belfast
Appellate Division of the Supreme Court of New York · Decided March 15, 1913
155 A.D. 944; 140 N.Y.S. 1131
Marsh v. Town of Belfast

Opinion of the Court

Judgment and order reversed and new trial granted, with costs to appellant to abide event. All concurred, except Robson and Foote, JJ., who dissented. Held, that the question of defendant’s negligence and of plaintiff’s freedom from contributory negligence were questions of fact which should have been submitted to the jury.

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