BARKER v. J. J. NEWBERRY CO.


279 A.D. 704 (1951)

Albert S. Barker, as Administrator of The Estate of Dorothy Barker, Deceased, Respondent, v. J. J. Newberry Company, Appellant

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

November 8, 1951.


Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

The court submitted to the jury only questions of fact bearing on the question of negligence of the defendant, contributory negligence of the plaintiff's intestate, and whether the blow upon intestate's breast was the sole and exclusive cause of the subsequently discovered cancer. The finding...

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