ANDERSON v. LOBLAW GROCETERIAS, INC.


281 A.D. 950 (1953)

Mervin L. Anderson, Appellant, v. Loblaw Groceterias, Inc., Respondent Blanche Alexander, as Administratrix of The Estate of Reginald A. Alexander, Deceased, Appellant, v. Loblaw Groceterias, Inc., Respondent

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

March 20, 1953.


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

Memorandum:

The release in question was competent upon the question of the amount of damages which plaintiff Anderson might be entitled to recover. It was also competent upon the credibility of Anderson as a witness. It was not competent, however, upon the question of the negligence of the plaintiff's intestate, Reginald...

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