KISSNER v. BAXTER


31 A.D.2d 993 (1969)

Harry F. Kissner, Appellant, v. Marguerite S. Baxter, as Executrix of Winfield R. Baxter, Deceased, et al., Respondents

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

March 11, 1969


Per Curiam.

A like judgment on a prior trial was, on appeal to this court, reversed and a new trial ordered, for errors in the charge and because the finding of plaintiff's contributory negligence, implicit in the verdict, was contrary to the weight of the evidence. (29 A.D.2d 905.) Appellant mistakenly contends that our order determined his freedom from contributory negligence as a matter of law; but although our reversal...

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