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Boguhn v. Lyth Tile Co.

138 A.D. 918 Court N.Y. App. Div. English

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p. 918
Frank Boguhn, Plaintiff, v. Lyth Tile Company, Defendant.

Plaintiff’s exceptions sustained and motion for new trial granted, with costs to plaintiff to abide the event. Held, that the question of defendant’s negligence and of plaintiff’s freedom from contributory negligence were questions of fact which should have been submitted to the jury. All concurred.