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Hartman v. Carman

146 N.Y.S. 1093 Court N.Y. App. Div. Decision date 1914-03-20 English

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p. 1093
HARTMAN, Appellant, v. CARMAN, Respondent.
(Supreme Court, Appellate Division, First Department.
March 20, 1914.)

Headnote

Appeal from Trial Term, New York County. Action by Regina Hartman against William W. Carman. From a judgment dismissing the complaint at the close of plaintiff’s case for failure of proof, he appeals. Reversed, and new trial ordered.
Gustavos A. Rogers, of New York City, for appellant.
Edward P. Mowton, of New York City, for respondent.

We think there was evidence to justify the submission to the jury of the question as to the defendant’s negligence and as to the plaintiff’s freedom from contributory negligence. Judgment reversed; new trial ordered; costs to appellant to abide event.