Panzica v. H. C. H. Building Corp.

Judgment dismissing complaint reversed upon the law and the facts, and a new trial granted, costs to abide the event. It was error to hold as a matter of law that the plaintiff was guilty of contributory negligence. The evidence presented a question of fact for the jury on that point. A prima facie case of negligence on the part of the defendant is also established in the record. Lazansky, P. J., Young, Kapper, Carswell and Scudder, JJ., concur.