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Stanfield v. Town of Hamburg

125 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1910-10-12 English

Decision Majority — PER. CURIAM. · Concurring — SPRING, J., · Dissent — McLENNAN, P. J.,

Contents
p. 1145
STANFIELD, Respondent, v. TOWN OF HAMBURG, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 12, 1910.)

Headnote

Action by Esther S. Stanfield, as administratrix, etc., of Frederick 'Stanfield, deceased, against the Town of Hamburg.

Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that as matter of law the plaintiE failed to establish freedom from contributory negligence. See infra. See, also, 118 N. Y. Supp. 1144 .

concurs on the further ground that as matter of law the plaintiE failed to show any actionable negligence on the part of the defendant.

dissents, and votes for affirmation, on the ground that the questions of negligence and of freedom from contributory negligence are questions of fact for the jury.