Torts · MBE-tested
Charles Johnson, Appellant, v. Hedden Construction Company, Respondent
171 A.D. 933·New York Supreme Court, Appellate Division·1915·NY
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Opinion
Charles Johnson, Appellant, v. Hedden Construction Company, Respondent.
Appeal from a judgment, entered on the 9th day of February, 1914, dismissing the complaint at the close of the plaintiff’s ease upon a trial at Trial Term.
[MAJORITY — Per Curiam:]
Per Curiam:
We think that the dismissal of the complaint was error, as there was a question for the jury as to the negligence of the defendant and the absence of contributory negligence or assumption of risk by the plaintiff. The judgment is, therefore, reversed and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Smith, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event.