Baldwin v. Locomobile Co. of America — 205 N.Y. 563

Majority

p. 563

Ralph S. Baldwin, an Infant, by Winfield H. Baldwin, His Guardian ad Litem, Appellant, v. The Locomobile Company of America, Respondent.

Headnote

Baldwin v. Locomobile Co. of America, 147 App. Div. 901 , reversed.

(Argued April 1, 1912;

decided April 30, 1912.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 17, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an ■ action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant.

Henry M. Eater, George F. Elliott and Jay S. Jones for appellant.

Stephen Van Wyck for respondent.

Judgment reversed and new trial granted, costs to abide event, on the ground that the question of plaintiff’s contributory negligence was one of fact to be determined by the jury; no opinion.

Concur: Cullen, Ch. J., Cray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.