Lieberman v. Elite Lighting & Supply Co.

In an action to recover damages for personal injuries, the complaint was dismissed at the close of the plaintiff’s case. Judgment reversed on the law and the facts and a new trial granted, with costs to abide the event. The evidence presented issues of fact for determination by the' jury with respect to defendants’ negligence and plaintiff’s contributory negligence. Carswell, Acting P. J., Johnston and MacCrate, JJ., concur; Wenzel and Schmidt, JJ., dissent and vote to affirm.