Tehan v. Freed — 287 N.Y. 806

Majority

p. 806

Martha Tehan, Appellant, v. Herman Freed et al., Individually, and as Copartners Doing Business under the Name “Freed’s Hats,” Respondents.

Argued January 22, 1942;

decided March 5, 1942.

p. 807

Morris A. Wainger and William A. Hyman for appellant.

Joseph F. Hanley and John W. Trapp for respondents.

Judgment reversed and a new trial granted, with costs to abide the event, on the ground that the questions of negligence and contributory negligence were for the jury. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.