Crosby v. 42ND St., M. St. Nicholas Ave. R.Y

Full title: THOMAS F. CROSBY, Respondent, v. FORTY-SECOND STREET, MANHATTANVILLE AND…

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

Date published: Oct 1, 1918

185 App. Div. 930 (N.Y. App. Div. 1918)

Opinion

October, 1918.

Present — Clarke, P.J., Dowling, Smith, Page and Shearn, JJ.; Smith and Shearn, JJ., dissented.

Judgment and order reversed, with costs, and complaint dismissed, with costs, on the ground that the evidence fails to show that the defendant is chargeable with negligence and shows that the plaintiff was chargeable with contributory negligence as a matter of law.