Judgment reversed, on the law and the facts, with costs, and complaint dismissed.
The primary question is whether plaintiff's conduct constituted contributory negligence as a matter of law and so barred recovery for his injuries. Plaintiff rented a truck for use in his business in Brooklyn from defendant. In the spring of 1964 he returned the truck to defendant and sought employment in Binghamton, New York. He applied for a job as a truck driver to Lane Construction...
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