Marsh v. Town of Belfast — 140 N.Y.S. 1131

Majority

p. 1131

MARSH, Appellant, v. TOWN OF BELFAST, Respondent.

(Supreme Court, Appellate Division, Fourth Department.

March 19, 1913.)

Headnote

Action by Lucy A. Marsh against the Town of Belfast.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the question of defendant’s negligence and of plaintiff’s freedom from contributory negligence were questions of fact, which should have been submitted to the jury.

ROBSON and FOOTE, JJ., dissent.