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Hoffmann v. Wisely

223 A.D. 861 Court N.Y. App. Div. English

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p. 861
Felix F. Hoffmann, Appellant, v. James A. Wisely, Respondent.

Judgment dismissing complaint reversed upon the law and the facts, and a new trial granted, costs to abide the event, upon the ground that plaintiff made out a prima facie case on both the questions of negligence and contributory negligence, which required submission to the jury. Lazansky, P. J., Young, Kapper and Scudder, JJ., concur; Rich, J., dissents.