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Brooks v. City of Rochester

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

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p. 941
Sarah Brooks, Plaintiff, v. The City of Rochester, Defendant.

Plaintiff’s exceptions sustained, anil motion for new trial granted, with costs to plaintiff to abide event. Held, that the questions 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, except Williams, J., who dissented upon the ground of contributory negligence.