Friershausen v. City of New York

Full title: HENRIETTA FRIERSHAUSEN, Respondent, v. THE CITY OF NEW YORK, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 24, 1938

254 App. Div. 850 (N.Y. App. Div. 1938)

Opinion

June 24, 1938.

Present — Martin, P.J., Glennon, Dore, Cohn and Callahan, JJ.; Martin, P.J., and Callahan, J., dissent and vote to dismiss the complaint on the ground that contributory negligence was established as matter of law.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that the verdict was against the weight of the credible evidence.