Burns v. City of Buffalo

87 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1904-03-15 English

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p. 1129

BURNS, Appellant, v. CITY OF BUFFALO, Respondent.

(Supreme Court, Appellate Divisino, Fourth Department.

March 15, 1904.)

Headnote

Action by Ellen Burns against, the city of Buffalo.

Judgment affirmed, with costs.

McLENNAN, P. J., dissents, upon the ground that the question of defendant’s negligence and plaintiff’s freedom from negligence were questions of fact for the jury. SPRING, J., not sitting.