RUSSELL v. NEW YORK STATE ELEC. & GAS CORP.


276 A.D. 44 (1949)

Thomas J. Russell, Appellant, v. New York State Electric & Gas Corporation, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1949.


Attorney(s) appearing for the Case

N. Joseph Friedman for appellant.

Bruce R. Sullivan for respondent.

HEFFERNAN, DEYO, SANTRY and BERGAN, JJ., concur.


FOSTER, P. J.

This is an appeal by the plaintiff from an order and judgment which set aside the verdict of a jury rendered in his favor in a negligence action, and dismissed his complaint on the ground that he was guilty of contributory negligence as a matter of law. This disposition of the case by the trial court requires us to assume every inference favorable to the plaintiff that may be fairly drawn from the...

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