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CASEY v. ROSS

10 N.Y.2d 834 (1961)

Mary Casey, Respondent-Appellant, v. Andrew Ross et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided October 19, 1961.

Attorney(s) appearing for the Case

William J. Regan and Thomas J. Flood for appellants-respondents.

Ralph Stout and Samuel Shorenstein for respondent-appellant.

Concur: Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Dissent: Judge DYE.

Judgment reversed and complaint dismissed, without costs, upon the ground that plaintiff was guilty of contributory negligence as a matter of law. No opinion.

Judge DYE dissents and votes to affirm upon the ground that under the circumstances here present the issues of defendants' negligence and plaintiff's contributory negligence presented questions of fact which were properly left to the trial court for its determination. The court's finding in favor...

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