Spencer v. Town of Sardinia — 177 N.Y. 531

Majority

p. 531

Ella D. Spencer, as Administratrix of the Estate of Frank Spencer, Deceased, Appellant, v. The Town of Sardinia, Respondent.

Headnote

Spencer v. Town of Sardinia, 85 App. Div. 624 , reversed.

(Argued December 1, 1903;

decided December 15, 1903.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered

p. 532

June 22, 1903, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial.

Willard H. Tichnor and George E. Pierce for. appellant.

John, Curmeen for respondent.

Judgment reversed and new trial granted, costs to abide event, on the ground that the question of contributory negligence was for the jury; no opinion.,

Concur: Parker, Ch. J.; O’Brien, Bartlett, Martin, Cullen and Werner, JJ. Dissenting: Gray, J.