SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
October 30, 1969
MERLE C. BROOKS, APPELLANT, ET AL., PLAINTIFF,
HAROLD R. ASHE, RESPONDENT
Appeal from certain parts of judgment of Monroe Trial Term in negligence action.
Del Vecchio, J. P., Marsh, Moule, Bastow and Henry, JJ.
Memorandum: The finding implicit in the verdict that the plaintiff was guilty of contributory negligence is against the weight of the evidence.
Judgment insofar as appealed from unanimously reversed on the law and facts and a new trial granted, with costs to abide the event.
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