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Malinowski v. Booth & Co.

212 A.D. 833 Court N.Y. App. Div. English

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p. 833
Vincenti Malinowski, Respondent, v. Booth & Company, Inc., Appellant.

Judgment unanimously affirmed, with costs. No evidence is found in the record that would sustain a finding of contributory negligence on the part of the plaintiff and it follows that the error of the learned trial court in charging the comparative negligence rule was harmless. Present — Kelly, P. J., Rich, Manning, Young and Kapper, JJ.