Majority
p. 834Mary Casey, Respondent-Appellant, v. Andrew Ross et al., Appellants-Respondents. Argued October 3, 1961; decided October 19, 1961.
p. 835
William J. Regan and Thomas J. Flood for appellants-respondents.
Ralph Stout and Samuel Shorenstein for respondent-appellant.
Judgment reversed and complaint dismissed, without costs, upon the ground that plaintiff was guilty of contributory negligence as a matter of law. No opinion.
p. 836
Concur: Chief Judge Desmond and Judges Fuld, Froessel, Van Voorhis, Burke and Foster. Judge Dye dissents and votes to affirm upon the ground that under the circumstances here present the issues of defendants’ negligence and plaintiff’s contributory negligence presented questions of fact which were properly left to the trial court for its determination. The court’s finding in favor of plaintiff on those issues, having been affirmed by the Appellate Division, is conclusive (Mayer v. Temple Props., 307 N. Y. 559 ; Le Roux v. State of New York, 307 N. Y. 397 ; Schuvart v. Werner, 291 N. Y. 32 ).
Cases cited
- Mayer v. Temple Properties Inc. 307 N. Y. 559 p. 836
- Le Roux v. State 307 N. Y. 397 p. 836
- Schuvart v. Werner 291 N. Y. 32 p. 836