Judgment, entered on the verdict of a jury in favor of plaintiff, reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs.
In our opinion, on this record, plaintiff was guilty of contributory negligence as a matter of law in walking in darkness in a strange place, without exercising any degree of caution for his own safety. (Cf. Hudson v. Church of Holy Trinity, 250 N.Y. 513; Rohrbacher v. Gillig, 203 N.Y. 413...
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