Quinn v. City of Rochester

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: There were questions of fact as to negligence, contributory negligence and assumption of risk. (Appeal from judgment of Monroe Trial Term dismissing the complaint on motion by defendant at the close of plaintiff’s case.) Present — Williams, P. J., Goldman, Halpern, MeClusky and Henry, JJ.