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Barbasote v. Murray

256 A.D. 972 Court N.Y. App. Div. Decision date 1939-03-24 English

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p. 972
Anna Barbasote and James Barbasote, Appellants, v. Thomas E. Murray, as Receiver of Interborough Rapid Transit Company, Respondent.

Judgment unanimously reversed and a new trial ordered, with costs to the appellants to anide the event, on the ground that the question of defendant’s negligence should have been submitted to the jury as an issue of fact. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.