Delaware & Hudson Railroad v. Adirondack Farmers Co-Operative Exchange, Inc.

Appeal (1) from a judgment of the Supreme Court in favor of plaintiff, entered May 23, 1969 in Albany County, upon a special verdict rendered at a Trial Term, and (2) from an order of said court, entered May 28, 1969, which denied defendant’s motion to set aside the verdict. At the trial’s inception, the court narrowed the triable issues to the single point of whether defendant was “ negligent by reason of the use and occupancy of the leased premises” and the jury found that the accident was caused proximately by the negligence of plaintiff’s injured employee and defendant. Plaintiff leased…