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Moore v. Appel

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 745 (N.Y. App. Div. 1927)

Opinion

January, 1927.


Judgment dismissing complaint reversed upon the law and the facts, and new trial granted, costs to abide the event. We are of opinion that the evidence introduced by plaintiff presented questions of fact to be determined by the jury. Jaycox, Manning, Young and Kapper, JJ., concur; Kelly, P.J., dissents, being of opinion that while the nonsuit on the ground of contributory negligence as matter of law was error, the plaintiff did not prove actionable negligence on the part of defendant.


Summaries of

Moore v. Appel

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 745 (N.Y. App. Div. 1927)
Case details for

Moore v. Appel

Case Details

Full title:LOUIS MOORE, Appellant, v. SARAH M. APPEL, Respondent

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

Date published: Jan 1, 1927

Citations

219 App. Div. 745 (N.Y. App. Div. 1927)