Tehan v. Freed

Full title: MARTHA TEHAN, Appellant, v. HERMAN FREED et al., Individually, and as…

Court: Court of Appeals of the State of New York

Date published: Mar 5, 1942

40 N.E.2d 1022 (N.Y. 1942)

40 N.E.2d 1022

Opinion

Argued January 22, 1942

Decided March 5, 1942

Appeal from the Supreme Court, Appellate Division, Second Department, HALLINAN, J.

Morris A. Wainger and William A. Hyman for appellant.

Joseph F. Hanley and John W. Trapp for respondents.

Judgment reversed and a new trial granted, with costs to abide the event, on the ground that the questions of negligence and contributory negligence were for the jury. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.