Wheeler v. Deutch

Judgment reversed on the law and a new trial granted, with costs to appellants to abide the event, on the ground that the question of defendants’ negligence was one of fact to be determined by the jury by reasonable inferences drawn from the evidence, and on the authority of Hughes v. Borden’s Farm Products Company, Inc. (252 N. Y. 532); Jensen v. Great A. & P. Tea Co. (240 App. Div. 1008); Keegan v. Hohorst (235 id. 871); Ellis v. Friedlander (198 id. 57); Graham v. Bauland Co. (97 id. 141); Shaw v. Webber (79 Hun, 307; affd., 151 N. Y. 655). Young, Tompkins and Davis, JJ., concur; Lazansky,…