Appellate Division of the Supreme Court of New York, 1935

Kabosius v. State

Kabosius v. State
Appellate Division of the Supreme Court of New York · Decided October 15, 1935
246 A.D. 569
Kabosius v. State

Opinion of the Court

Judgment affirmed, with costs. All concur, except Edgcomb and Lewis, JJ., who dissent and vote for reversal and a dismissal of the complaint upon the ground that the driver of the car was guilty of contributory nerligenee as matter of law and that her negligence was attributable to the plaintiff. (The judgment awards damages for injuries sustained by an automobile colliding with a water tank in the roadway.) Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.

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