Opinion
January 11, 1943.
Action by plaintiff-wife to recover damages for personal injuries, and by her husband for loss of services and expenses. Plaintiff, a tenant in a multiple dwelling, while attempting to open a window was injured because it was jammed. The complaint was dismissed at the close of plaintiffs' case, the court holding that plaintiff-wife was guilty of contributory negligence as matter of law. Plaintiffs appeal. Judgment reversed on the law and a new trial granted, with costs to appellants to abide the event. In our opinion the evidence presented a question of fact. Close, P.J., Carswell, Johnston, Taylor and Lewis, JJ., concur.