Hall v. Garbe

203 A.D. 863 Court N.Y. App. Div. English

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p. 863

Henry M. Hall, as Administrator, etc., of Henry M. Hall, Jr., Appellant, v. May Garbe, Respondent.

Judgment reversed on the facts and a new trial granted, with costs to abide the event, on the ground that the questions of the negligence of the defendant and the contributory negligence of plaintiff’s intestate should have been submitted to the jury. Blackmar, P. J., Manning and Young, JJ., concur; Kelly and Kelby, JJ., dissent, and vote to affirm.