Appellate Division of the Supreme Court of New York, 1928

McSorley v. South Brooklyn Railway Co.

McSorley v. South Brooklyn Railway Co.
Appellate Division of the Supreme Court of New York · Decided May 15, 1928
224 A.D. 668
McSorley v. South Brooklyn Railway Co.

Opinion of the Court

Judgment reversed upon the law and a new trial granted, costs to abide the event. Whether the plaintiff wife was guilty of contributory negligence was a question of fact for the jury, under the circumstances herein. (Flack v. Nassau Electric R. R. Co., 41 App. Div. 399; Catterson v. Brooklyn Heights Railroad Co., 132 id. 399.) Lazansky, P. J., Kapper, Hagarty, Carswell and Seudder, JJ., concur.

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