Moore v. Appel

Judgment dismissing complaint reversed upon the law and the facts, and new trial granted, costs to abide the event. We are of opinion that the evidence introduced by plaintiff presented questions of fact to be determined by the jury. Jaycox, Manning, Young and Kapper, JJ., concur; Kelly, P. J., dissents, being of opinion that while the nonsuit on the ground of contributory negligence as matter of law was error, the plaintiff did not prove actionable negligence on the part of defendant.