Appellate Division of the Supreme Court of New York, 1930

Panzica v. H. C. H. Building Corp.

Panzica v. H. C. H. Building Corp.
Appellate Division of the Supreme Court of New York · Decided December 15, 1930
231 A.D. 849; 246 N.Y.S. 804
Panzica v. H. C. H. Building Corp.

Opinion of the Court

Judgment dismissing complaint reversed upon the law and the facts, and a new trial granted, costs to abide the event. It was error to hold as a matter of law that the plaintiff was guilty of contributory negligence. The evidence presented a question of fact for the jury on that point. A prima facie case of negligence on the part of the defendant is also established in the record. Lazansky, P. J., Young, Kapper, Carswell and Scudder, JJ., concur.

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