Torts · MBE-tested

Daniel M. Cash, an Infant, by Grace Cash, His Guardian ad Litem, Appellant, v. F. & W. Grand Five, Ten and Twenty-Five Cent Stores, Inc., Respondent

225 A.D. 861·New York Supreme Court, Appellate Division·1929·NY

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Opinion

Daniel M. Cash, an Infant, by Grace Cash, His Guardian ad Litem, Appellant, v. F. & W. Grand Five, Ten and Twenty-Five Cent Stores, Inc., Respondent. [MAJORITY] — Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that the evidence presented questions of fact as to the negligence of the defendant and the contributory negligence of the plaintiff requiring" the submission of those questions to the jury. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.