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Fitzwater v. Warren

140 A.D. 941 Court N.Y. App. Div. English

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p. 941
Jay W. Fitzwater, Appellant, v. Guy S. Warren and Irving S. Hart, Respondents.

Judgment reversed and new trial ordered; with costs to appellant to abide event. Held, that plaintiff’s alleged assumption of risk, his contributory negligence and the negligence of the defendants were questions for the j pry. All concurred, except Williams, J., who dissented upon the ground of assumed risk and contributory negligence.