WAGNER v. WINNE


40 A.D.2d 847 (1972)

Rose Wagner, Appellant, v. Peter D. Winne, Respondent

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

November 13, 1972


Judgment reversed, on the law, with $10 costs and disbursements, and new trial granted.

The appeal did not present questions of fact. In our opinion, the evidence adduced at the trial raised issues of fact for the jury as to the negligence of defendant and the contributory negligence...

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