Opinion
June, 1928.
Present — Hubbs, P.J., Sears, Crouch, Taylor and Sawyer, JJ.
Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event on the ground that upon the record presented, negligence and contributory negligence were questions of fact. (Labor Law, § 79, subd. 4; Id. § 2, subd. 9; Tousey v. Roberts, 114 N.Y. 312; Whitehouse v. Single, 217 App. Div. 204.)
Now Labor Law of 1921, § 255. — [REP.
Labor Law of 1921. — [REP.
All concur.