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Fitzwater v. Warren

126 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1910-11-30 English

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

Contents
p. 1129
FITZWATER, Appellant, v. WARREN et al., Respondents.
(Supreme Court, Appellate Division, Fourth Department.
November 30, 1910.)

Headnote

Action by Jay W. Fitzwater against Guy S. Warren and another. ,

Judgment reversed, and new trial ordered, with costs to appellant to abide event. Held, that plaintiff’s alleged assumption of risk, his contributory negligence, and the negligence of the defendants were questions for the jury.

dissents, upon the ground of assumed risk and contributory negligence.