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Fleischer v. Mason & Hanger Co.

171 A.D. 932 Court N.Y. App. Div. English

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p. 932
Anna Fleischer, as Administratrix, etc., Appellant, v. Mason & Hanger Company and The City of New York, Respondents.

Headnote

Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the 8th day of April, 1915, dismissing the complaint at Trial Term.

We think the questions as to the freedom, of the plaintiff’s intestate from contributory negligence, and as to whether or not the elevator was a safe structure, were questions of fact for the jury. The judgment should be reversed and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., Laughlin, Clarke, Dowling and Smith, JJ.; Ingraham, P. J., and Dowling, J., dissented. Judgment reversed, new trial ordered, costs to appellant to abide event.