Appellate Division of the Supreme Court of the State of New York, Fourth Department.
Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
We think on the record as before us, that it was error to hold that contributory negligence has been established "by disinterested witnesses" as a matter of law. In our judgment, the evidence presented precludes disposition of that question "as a matter...
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