Luce v. Hartman

This appeal by defendant from a denial of his motion for dismissal of plaintiff’s complaint and from a judgment in favor of the plaintiff in the sum of $5,150.77 raises two questions: First, were defendant’s acts the proximate cause of plaintiff’s injuries, and second, was plaintiff free from such *20contributory negligence as -would bar bis recovery from defendant?

Tbe facts essentially are as follows: Tbe plaintiff bas owned and operated bis farm of 315 acres in Cattaraugus County for 41 or 42 years. A highway from New Albion to Leon runs alongside part of tbis farm used by plaintiff as a…