Stanfield v. Town of Hamburg

Appellate Division of the Supreme Court of New York

Stanfield v. Town of Hamburg

140 A.D. 917, 125 N.Y.S. 1145

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1910·Published

Opinion

Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that as matter of law the plaintiff failed to establish freedom from contributory negligence. All concurred, Spring, J., on the further ground that as matter of law the plaintiff failed to show any actionable negligence on the part of the defendant, except McLennan, P. J., who dissented and voted for affirmation on the ground that the questions of negligence and of freedom from contributory negligence are questions of fact for the jury.

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Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that as matter of law the plaintiff failed to establish freedom from contributory negligence. All concurred, Spring, J., on the further ground that as matter of law the plaintiff failed to show any actionable negligence on the part of the defendant, except McLennan, P. J., who dissented and voted for affirmation on the ground that the questions of negligence and of freedom from contributory negligence are questions of fact for the jury.

Stanfield v. Town of Hamburg, 140 A.D. 917, 125 N.Y.S. 1145 (N.Y. Ct. App. 1910).

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