Fleischer v. Mason & Hanger Co.

We think the questions as to the freedom, of the plaintiff’s intestate from contributory negligence, and as to whether or not the elevator was a safe structure, were questions of fact for the jury. The judgment should be reversed and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., Laughlin, Clarke, Dowling and Smith, JJ.; Ingraham, P. J., and Dowling, J., dissented. Judgment reversed, new trial ordered, costs to appellant to abide event.