Hyperlawhypertext legal database Sosinski v. City of Dunkirk 127 N.Y.S. 1145

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Sosinski v. City of Dunkirk

127 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1911-02-01 English

Contents

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p. 1145
SOSINSKI, Appellant, v. CITY OF DUNKIRK, Respondent.
(Supreme Court. Appellate Division, Fourth Department.
February 1, 1911.)

Headnote

Action by Stella Sosinski against the City of Dunkirk.

Judgment reversed, and new trial ordered, with costs to appellant to abide event. Seld, that the questions of negligence and contributory negligence, under the evidence, were for the jury, and should not be determined by the court.

McLennan, P. J.. and ROBSON, J., dissent, upon the ground that the evidence fails to establish negligence on the part of the defendant.