Murphy v. Preston

140 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1913-03-20 English

Contents

Majority

p. 1132

MURPHY, Appellant, v. PRESTON et al., Respondents.

(Supreme Court, Appellate Division, Second Department.

March 20, 1913.)

Headnote

Action by Daniel F. Murphy against Eugene S. Preston and another.

Judgment reversed, and new trial granted, costs to abide the event, on the ground that under the proofs in this case the question of plaintiff’s freedom from contributory negligence was one of fact for the jury.

BURR, J., dissents.