Appellate Terms of the Supreme Court of New York, 1913

Stern v. Hall

Appellate Terms of the Supreme Court of New York · Decided June 24, 1913

142 N.Y.S. 477 (New York Supplement)

Counsel

Emanuel Jacobus, of New York City, for appellant., Charles De Hart Brower, of New York City (William R. Hill, of New York City, of counsel), for respondent.

Opinion of the Court

PER CURIAM.

At the close of the plaintiff’s case the complaint was dismissed, upon the ground that the plaintiff was chargeable with contributory negligence. Upon the record we are of opinion that the question of contributory negligence should have been submitted to the jury. The plaintiff certainly was not chargeable with contributory negligence as a matter of law, and it is doubtful whether he was as a matter of fact.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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