Eustace v. The Evergreens — 267 N.Y. 523

Majority

p. 523

Eva Eustace et al., Appellants, v. The Evergreens, Respondent.

(Argued March 13, 1935;

decided April 16, 1935.)

p. 524

Leon Lang for appellants.

Clarence S. Zipp and James B. Henney for respondent.

Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division. There "was evidence which presented a question of fact for the jury as to negligence and contributory negligence. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.