Peysson v. Blue Star Tourist Service, Inc.

Judgment and order reversed on the law and the facts and a new trial granted, costs to appellant to abide the event. Upon the record, the question of plaintiff’s contributory negligence was one of fact for the jury. (Metzger v. Cushman’s Sons, Inc., 243 N. Y. 118; Shuman v. Hall, 246 id. 51; Ward v. Clark, 232 id. 195.) Kapper, Hagarty, Carswell and Davis, JJ., concur; Lazansky, P. J., dissents.