Keegan v. Green Wood Cemetery

Full title: JOHN KEEGAN, Appellant, v. THE GREEN WOOD CEMETERY, Respondent

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

Date published: May 1, 1920

192 App. Div. 913 (N.Y. App. Div. 1920)

Opinion

May, 1920.

Judgment reversed and new trial granted, costs to abide the event, on the ground that, on the facts, the court could not say, as matter of law, that plaintiff had assumed the risk of driving the owner's horse, in view of the foreman's direction to drive him once more, which he promised should be the last time. Jenks, P.J., Mills, Rich, Putnam and Blackmar, JJ., concur.