Levy v. Cascades Operating Corp. — 289 N.Y. 714

Majority

p. 714

Benjamin Levy, as Administrator of the Estate of Daniel J. Levy, Deceased, Appellant, v. Cascades Operating Corporation, Respondent.

Argued October 19, 1942;

decided December 3, 1942.

p. 715

Harry A. Spiegelman, John M. Wilson and Max J. LeBoyer for appellant.

James J. McLoughlin, Robert F. White and John J, Kirwan for respondent.

Judgment of Appellate Division reversed and a new trial granted, with costs to the appellant to abide the event. Whether the defendant was negligent and whether the decedent assumed the risk of his injuries were questions of fact for the jury. No opinion.

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