Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The appeal did not present questions of fact. In our opinion, the evidence adduced at the trial of the issue of liability presented questions of fact with respect to defendant's alleged negligence and plaintiff's possible contributory negligence. Plaintiff was entitled to have those questions resolved by the jury and not the court (see McDonald v. Metropolitan St. Ry. Co.,...
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