Hyperlawhypertext legal database Mustavoi v. St. John Baptist Foundation 158 N.Y.S. 718

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Mustavoi v. St. John Baptist Foundation

158 N.Y.S. 718 Court Argued April term, 1916, before GUT, COHALAN, and WIIITAKER, JJ. Decision date 1916-05-04 English

Delivered by COHALAN, J.

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p. 718
MUSTAVOI v. ST. JOHN THE BAPTIST FOUNDATION.
(Supreme Court, Appellate Term, First Department.
May 4, 1916.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, First District.
Action by Henry Mustavoi against the St. John the Baptist Foundation. From a judgment dismissing the complaint at the end of plaintiff's case, plaintiff appeals. Judgment reversed, and new trial ordered.
Argued April term, 1916, before GUT, COHALAN, and WIIITAKER, JJ.
Herman Turkel, of New York Citj', for appellant.
Amos H. Stephens, of New York City, for respondent.

Judgment dismissing the complaint at the end of plaintiff’s case is reversed, and a new trial ordered, with $30 costs in one action to the appellant to abide the event, on the ground that plaintiff’s freedom from contributory negligence was a Question of fact for the jury to determine. All concur.