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UTICA MUT. INS. CO. v. AMSTERDAM COLOR WORKS, INC.

308 N.Y. 816 (1955)

Utica Mutual Insurance Company, Individually and on Behalf of Joseph Weiss, Appellant, v. Amsterdam Color Works, Inc., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 3, 1955

Attorney(s) appearing for the Case

Jacob D. Fuchsberg and B. Hoffman Miller for appellant.

Benjamin H. Siff, Frederick Mellor and John Tullman for respondent.

Concur: DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE, JJ. CONWAY, Ch. J., and FULD, J., dissent and vote to reverse and to grant a new trial upon the ground that the record presents a question of fact for the jury as to contributory negligence.

Judgment affirmed, with costs...

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