Boguhn v. Lyth Tile Co.

123 N.Y.S. 1107 Court N.Y. App. Div. Decision date 1910-05-25 English

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p. 1107

BOGUHN v. LYTH TILE CO.

(Supreme Court, Appellate Division, Fourth Department.

May 25, 1910.)

Headnote

Action by Frank Boguhn against the Lyth Tile Company.

Plaintiff’s exception sustained, and motion for new trial granted, with costs to plaintiff to abide the event. Held, that the question of defendant’s negligence and of plaintiff’s freedom from contributory negligence were questions of fact, which should have been submitted to the jury.