Appellate Division of the Supreme Court of the State of New York October 17, 1958 (Fuhrman v. Davis)

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: In this negligence action there were presented questions of fact as to the negligence of the defendant and the contributory negligence of the plaintiff, but the Trial Justice directed the jury to return a verdict in favor of the defendant on the theory that he would have been required