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Remington v. Shults Bread Co.

159 A.D. 924 Court N.Y. App. Div. English

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p. 924
Emory B. Remington, Appellant, v. Shults Bread Company, Respondent.

Judgment reversed and new trial granted, costs to abide the event, on the ground that the question of plaintiff’s contributory negligence was one of fact for the jury, under the circumstances of the proof. (Hickman v. Schimper & Co., 125 App. Div. 216 .) Jenks, P. J., Burr, Carr, Rich and Stapleton, JJ., concurred.