Hartman v. Carman — 162 A.D. 895

Majority

p. 895

Regina Hartman, Appellant, v. William W. Carman, Respondent.

Headnote

Appeal from a judgment of the Supreme Court, entered in the Mew York county clerk’s office on the 28th day of March, 1913, dismissing the complaint at the close of plaintiff’s case for failure of proof.

We think there was evidence to justify the submission to the jury of the question as to the defendant’s negligence and as to the plaintiff’s freedom from contributory negligence. The judgment should be reversed and a new trial ordered, costs to appellant to abide event. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.