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Tontrup v. Rector Church Warden & Vestrymen of St. Bartholomew's Church

291 N.Y. 804 Court N.Y. Decision date 1944-01-13 English

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Majority

p. 804
Kathryne S. Tontrup et al., Appellants, v. Rector Church Warden and Vestrymen of St. Bartholomew’s Church in the City of New York, Respondents.
Argued November 30, 1943;
decided January 13, 1944.
p. 805
Francis J. Hughes for appellants.
Lyman A. Spalding and Robert E. Curran for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Lewis, Desmond and Thacheb, JJ. Conway, J., dissents on the ground questions of fact were presented for the jury as to defendants’ negligence and plaintiff’s freedom from contributory negligence.