Resettled judgment entered December 7, 1961 insofar as appealed from by defendant-appellant Irving Livant unanimously reversed on the law and in the exercise of discretion, that judgment and verdict as to him vacated, and a new trial ordered, with costs to abide the event.
The question of defendant-appellant's contributory negligence was properly put to the jury. On the evidence presented the jury might have reasonably concluded that defendant-appellant's speed was...
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