Martorello v. Coney Island Gravesend Ry. Co.

127 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1911-02-24 English

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Majority

p. 1132

MARTORELLO, Appellant, v. CONEY ISLAND GRAVESEND RY. CO., Respondent.

(Supreme Court, Appellate Division, Second Department.

February 24, 1911.)

Headnote

Action by Salvatore Martorello against the Coney Island Gravesend Railway Company.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, upon the ground that the question of plaintiff’s contributory negligence was not one of law.

RICH, J., dissents.