Majority
p. 776Alton T. Manning, Appellant, v. Harrison L. Chapin, Doing Business under the Assumed Name of Precise Manufacturing Company, Respondent.
Judgment reversed on the law and a new trial granted, with costs to appellant to
p. 777
abide the event on the ground that upon the record presented, negligence and contributory negligence were questions of fact. (Labor Law, § 79, subd. 4; Id. § 2, subd. 9; Tousey v. Roberts, 114 N. Y. 312 ; Whilehouse v. Single, 217 App. Div. 204 .) All concur. Present — Hubbs, P. J., Sears, Crouch, Taylor and Sawyer, JJ.
Cases cited
- Tousey v. Roberts 114 N. Y. 312 p. 777