Majority
p. 782Catherine Siino, as Administratrix, etc., of Salvatore Siino, Deceased, Respondent, v. Mary A. Sessa, Appellant.
Judgment unanimously affirmed, with costs. We think the evidence presented a question of fact for the jury as to the negligence of defendant’s chauffeur and the alleged contributory negligence of the fourteen-year old decedent. We are also of opinion that the ruling of the learned trial justice upon the request to charge, claimed to present reversible error, was proper under Knapp v. Barrett ( 216 N. Y. 226 ). Present •—• Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ.
Cases cited
- Knapp v. Barrett 216 N. Y. 226 p. 782