Schoonmaker v. Poughkeepsie Savings Bank

Full title: GRACE SCHOONMAKER, Appellant, v. POUGHKEEPSIE SAVINGS BANK, Respondent

Court: Court of Appeals of the State of New York

Date published: Apr 23, 1942

42 N.E.2d 26 (N.Y. 1942)

42 N.E.2d 26

Opinion

Argued March 11, 1942

Decided April 23, 1942

Appeal from the Supreme Court, Appellate Division, Second Department, WITSCHIEF, J.

William A. Mulvey for appellant.

Herbert F. Hastings, Jr., and F.G. Mann for respondent.

Judgments reversed and a new trial granted, with costs to the appellant to abide the event on the ground that the record presented questions of fact for the jury as to negligence and contributory negligence. No opinion.

Concur: LOUGHRAN, RIPPEY, CONWAY and Desmond, JJ. Dissenting: LEHMAN, Ch. J., FINCH and LEWIS, JJ.