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Harris v. Reed

147 N.Y.S. 1115 Court N.Y. App. Div. Decision date 1914-05-15 Docket No. 5757 English

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p. 1115
HARRIS v. REED.
(No. 5757.)
(Supreme Court, Appellate Division, First Department.
May 15, 1914.)

Headnote

Appeal from Trial Term, New York County. Action by Jacob Harris, as administrator, against Ella S. Reed. From a judgment dismissing the complaint at the close of plaintiff’s case, and from an order denying a new trial, plaintiff appeals. Reversed, and new trial ordered. Henry W. Unger, of New York City, for appellant. Carlisle J. Gleason, of New York City, for respondent.

We think that the evidence in this case presented a question for the jury as to defendant’s negligence and the freedom of the deceased from contributory negligence. The judgment and order appealed from should therefore be reversed, and a new trial ordered, with costs to the appellant to abide the event.