Bordes v. Murray

Order granting defendant’s motion to set aside the verdict of the jury in plaintiff’s favor, and judgment dismissing the complaint reversed, and the verdict reinstated, with costs to the appellant, on the ground that defendant’s negligence and plaintiff’s freedom from contributory negligence, under the circumstances of this ease, were issues of fact for the jury to determine. Present ■ — ■ Martin, P. J., Glennon, Untermyer, Cohn and Callahan, JJ.; Martin, P. J., dissents.