GATTO v. ELMORE


37 A.D.2d 977 (1971)

Americo Gatto, Respondent, v. Gilbert Elmore, Appellant

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

November 22, 1971


Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered.

In our opinion the proof concerning the possibility of an alternate safe route which plaintiff might have used was so unclear that a fair determination of that question could not be made by the jury. Hence, this record is inadequate for a proper determination of the issue of contributory negligence; and a new trial...

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