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Stanfield v. Town of Hamburg

118 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1909-10-20 English

Decision Majority — PER OURIAM. · Concurring — McLENNAN, P. J.,

Contents
p. 1144
STANFIELD, Appellant, v. TOWN OF HAMBURG, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
October 20, 1909.)

Headnote

Action by Esther 5. Stanfield, as administratrix, etc., against the Town of Hamburg.

Order affirmed, with costs.

concurs upon the ground that it would not be proper to reinstate the verdict, but is of the opinion that the question of defendant's negligence and the qnestiOu of the intestate's freedom from contributory negligence are questions of fact for the jury. SPRING, J., concurs on the ground that the plaintiff failed to establish the negligence of the defendant or the intestate's freedom from contributory negligence.