WINTERS v. KENMORE MOTORS CO., INC.


279 A.D. 1142 (1952)

Elizabeth A. Winters, Appellant, v. Kenmore Motors Co., Inc., Respondent, et al., Defendants

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

May 16, 1952.


Judgment insofar as appealed from and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

The record discloses evidence which presented questions of fact for the jury and the court should not have dismissed the complaint. We think the evidence does not clearly show the place where the plaintiff fell or the exact defect in the sidewalk which caused her to fall. On the new trial those facts...

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