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Boyce v. 228th & Carpenter Ave. Holding Co.

295 N.Y. 575 Court N.Y. Decision date 1945-10-26 English

Contents

Majority

p. 575
Edith Boyce, Appellant, v. 228th & Carpenter Ave. Holding Co., Inc., Respondent.
Argued October 3, 1945;
decided October 26, 1945.
p. 576
Martin M. Kolbrener for appellant.
William J. Tropp for respondent.

Judgments reversed and a new trial granted, with costs in all courts to abide the event, upon the ground that the evidence presented a question of fact for the jury as to whether or not at the place of the accident a condition of peculiar danger existed. No opinion.

Concur: Conway, Thacher, Dye. and Medalie; JJ. Dissenting: Loughran, Ch. J., Lewis and Desmond, JJ.