Kirby v. Newman

Full title: THOMAS KIRBY, Appellant, v. ESTHER NEWMAN, Respondent. (No. 2.)

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

Date published: Feb 1, 1924

208 App. Div. 791 (N.Y. App. Div. 1924)

Opinion

February, 1924.

Order setting aside verdict affirmed, and new trial granted, with costs to abide the event. No opinion. Kelly, P.J., Manning and Kapper, JJ., concur; Jaycox and Young, JJ., dissent upon the ground that the question of defendant's negligence was a question of fact for the jury, and its finding thereon should not be disturbed. [See post, p. 814.]