Dzkowski v. Reynolds-Ville Carting Co.

140 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1913-03-12 English

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

Contents

p. 1117

DZKOWSKI, Appellant, v. REYNOLDS-VILLE CARTING CO., Respondent.

(Supreme Court, Appellate Division, Fourth Department;

March 12, 1913.)

Headnote

Action by Theodore Dzkowski against the Reynoldsville Carting Company.

Judgment and order affirmed, with costs.

dissents, upon the ground that the defendant’s negligence and plaintiff’s freedom from contributory negligence were questions of fact, which should have been submitted to the jury.