Farrell v. . City of Middletown
This text of 65 N.E. 1116 (Farrell v. . City of Middletown) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We are of the opinion that the evidence presented a question of fact as to the negligence of the defendant, which the court should have submitted to the jury, and that it erred in nonsuiting the plaintiff upon that ground.
The judgment should be reversed and a new trial granted, with costs to abide the event.
Parker, Ch. J., Gray, O’Brien, Martin, Vann, Cullen and Werner, JJ., concur.
Judgment reversed, etc.
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Cite This Page — Counsel Stack
65 N.E. 1116, 172 N.Y. 666, 1902 N.Y. LEXIS 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrell-v-city-of-middletown-ny-1902.