Opinion
March, 1927.
Appeal from Supreme Court, Saratoga County.
There was evidence on which a jury could have found that the defendant was negligent. The vital question in the case is whether or not the deceased was guilty of contributory negligence. This presented a question of fact for the jury and not a question of law for the court. Van Kirk, Acting P.J., Hinman, McCann, Davis and Whitmyer, JJ., concur. Judgment reversed on the law and facts, and new trial granted, with costs to the appellant to abide the event.