DI CESARE v. BARNES


55 A.D.2d 727 (1976)

John Di Cesare et al., Appellants, v. Edward Barnes, Doing Business as Barnes Oil Company, Respondent

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

December 9, 1976


The plaintiffs allege that the defendant negligently caused the fire by and through his service and maintenance of the furnace. The jury rendered a verdict which was a finding that both parties were negligent. The primary issue raised upon this appeal is whether or not the record contains evidence which would support a finding that the plaintiffs were guilty of contributory negligence. The defendant does not dispute the plaintiffs' assertion that his negligence was established...

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