Thaney v. A. Friederichs & Sons Co.

94 N.Y.S. 1165 Court N.Y. App. Div. Decision date 1905-05-23 English

Decision Majority — PER CURIAM. · Dissent — HISCOCK, J.,

Contents

p. 1165

THANEY, Appellant, v. A. FRIEDERICHS & SONS CO., Respondent.

(Supreme Court, Appellate Division, Fourth Department.

May 23, 1905.)

Headnote

Action by Peter Thaney, as administrator, etc., against A. Friederichs & Sons Company.

Judgment and order affirmed, with costs.

dissents, on the ground that defendant’s negligence and plaintiff’s freedom from contributory negligence were questions of fact, which should have been submitted to the jury. See 89 N. Y. Supp. 787 .