Kirby v. Newman

208 A.D. 791 Court N.Y. App. Div. Docket No. 2 English

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p. 791

Thomas Kirby, Appellant, v. Esther Newman, Respondent.

(No. 2.)

Order setting aside verdict affirmed, and new trial granted, with costs to abide the event. No opinion. Kelly, P. J., Manning and Kapper, JJ., concur; Jaycox and Young, JJ., dissent upon the ground that the question of defendant’s negligence was a question of fact for the jury, and its finding thereon should not be disturbed. [See post, p. 814.]