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Tangemann v. City of New York

150 N.Y.S. 1114 Court N.Y. App. Div. Decision date 1914-11-27 Docket No. 6448 English

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p. 1114
TANGEMANN, Appellant, v. CITY OF NEW YORK, Respondent.
(No. 6448.)
(Supreme Court, Appellate Division, First Department.
November 27, 1914.)

Headnote

Appeal from Trial Term, New York County. Action by Henry B. Tangemann against the City of New York. From a judgment dismissing the complaint after a trial, plaintiff appeals. Reversed, and new trial ordered. William P. Chapman, Jr., of New York City, for appellant. E. Crosby Kindleberger, of New York City, for respondent.

We think there was a question for the juty as to the negligence of the defendant, and as to the freedom of the plaintiff from contributory negligence, and that therefore it was error to dismiss the complaint. It follows that the judgment appealed from should be reversed, and a new trial ordered, with costs to appellant to abide the event.

McLAUGHLIN and DOWLING, JJ., dissent.