Wemette v. American Carbide Co.
This text of 150 A.D. 889 (Wemette v. American Carbide Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
Judgment vacated and order modified by striking therefrom the provision dismissing the complaint and inserting in lieu thereof a provision granting a new trial, and as so modified affirmed, with costs to plaintiff to abide the event of the action. This decision is made upon the ground that the finding of the jury that the defendant was guilty of negligence is against the weight of evidence, the court holding that the questions as to the plaintiff’s assumption of risk and contributory negligence were proper questions for the determination of the jury. All concurred, Kellogg, J., in result, except Betts, J., dissenting, in opinion.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
150 A.D. 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wemette-v-american-carbide-co-nyappdiv-1912.