McHollan v. Farcote Realty Co.

In an action for damages for personal injuries, defendant appeals from a judgment for plaintiff entered on a verdict, and from an order denying defendant’s motion to set aside the verdict and for a new trial. Judgment and order unanimously affirmed, with costs. Defendant’s chief contention is that plaintiff was guilty of contributory negligence as matter of law. On a dark night, while rain was falling, plaintiff, the guest of a tenant in a building owned and controlled by defendant, entered upon a finished concrete walk running in from the street alongside the building. Shrubbery overhanging…