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Simmons v. Village of Phelps

123 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1910-06-01 English

Contents
p. 1141
SIMMONS v. VILLAGE OF PHELPS.
(Supreme Court, Appellate Division, Fourth Department.
June 1, 1910.)

Headnote

Action by Dc Witt O. Simmons against the Village of Phelps.

Plaintiff’s exceptions over" ruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the verdict, with costs.

dissents, upon the ground, that the question of defendant’s negligence and of plaintiff’s freedom from contributory negligence were questions of fact for the jury.

ROBSON, J., not voting.