ELLIOTT v. KOHLER


286 A.D. 881 (1955)

Clara Elliott, Appellant, v. Clarence Kohler, Respondent

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

June 27, 1955.


The evidence adduced on behalf of appellant was sufficient to present issues of fact for determination by the jury.

Wenzel and Ughetta, JJ., dissent and vote to affirm, with the following memorandum:

Appellant had the burden of establishing respondent's negligence and her own freedom from contributory negligence. She did neither. In our opinion it is contributory negligence as a matter of law for appellant to have embarked as a passenger in a car with two...

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