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Brooks v. City of Rochester

126 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1910-11-30 English

Decision Majority — PER CURIAM. · Dissent — WILLIAMS, J.,

Contents
p. 1123
BROOKS v. CITY OF ROCHESTER.
(Supreme Court, Appellate Division, Fourth Department.
November 30, 1910.)

Headnote

Action by Sarah Brooks against the City of Rochester, x

Plaintiff’s exception sus- ( iained, and motion for new trial granted, with \ costs to plaintiff to abide event. Held, that '¡the questions of defendant’s negligence and of ¡plaintiff’s freedom from contributory negligence i were, questions of fact, which should have been ¡submitted to the jury.

dissents, upon the ground of contributory negligence.