Opinion
Argued October 30, 1925
Decided December 1, 1925
Appeal from the Supreme Court, Appellate Division, Third Department.
Walter A. Fullerton for appellant.
P.C. Dugan and John E. MacLean for respondent.
Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Divilion. Held, that the question of plaintiff's contributory negligence was one of fact for the jury.
Concur: HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, CRANE, ANDREWS and LEHMAN, JJ.