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Johnson v. Hedden Const. Co.

155 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1915-12-03 English

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p. 1116
JOHNSON v. HEDDEN CONST. CO.
(Supreme Court, Appellate Division, First Department.
December 3, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Charles Johnson against the Hedden Construction Company. From a judgment dismissing the complaint at the close of plaintiff’s case upon the trial, plaintiff appeals. Reversed, and new trial ordered. See, also, 154 N. Y. Supp. 1127 .
Horace D. Byrnes, of New York City, for appel-
lant. Edward J. Redington, of New York City, for respondent.

We think that the dismissal of the complaint was error, as there was a question for the jury as to the negligence of the defendant and the absence of contributory negligence or assumption of risk by the plaintiff. The judgment is therefore reversed, and a new trial ordered, with costs to appellant to abide the event. Order filed.