Torts · MBE-tested
Fred Johnson, Appellant, v. George F. Palmer, Respondent; Fred Johnson, Appellant, v. Merton Slater, Respondent
229 A.D. 813·New York Supreme Court, Appellate Division·1930·NY
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Opinion
Fred Johnson, Appellant, v. George F. Palmer, Respondent. Fred Johnson, Appellant, v. Merton Slater, Respondent.
[MAJORITY]
In the action of Johnson v. Palmer: Judgment reversed on the law on the authority of Judson v. Fielding (227 App. Div. 430; affd., 253 N. Y. 596) and new trial granted, with costs to the appellant to abide the event. In the action of Johnson v. Slater: Judgment reversed on the law on the authority of Judson v. Fielding (227 App. Div. 430; affd., 253 N. Y. -) and on the ground that there was a question of fact as to the negligence of the defendant and contributory negligence of the plaintiff; and new trial granted, with costs to the appellant to abide the event. Hinman, Acting P. J., Davis, Whitmyer, Hill and Hasbrouck, JJ., concur.