Giardina v. Garnerville Holding Corp.

*1005In our opinion the learned trial justice erred in his ultimate ruling that plaintiffs were guilty of contributory negligence as matter of law in entering, in the Dodge truck, that section of the roadway obscured by steam coming from the adjoining plant of respondent Sanco Piece Dye Works, Inc. The question as to such alleged negligence on the part of each plaintiff was one of fact for the jury. (Palmer v. Dearing, 93 N. Y. 7; Peil v. Reinhart, 127 N. Y. 381; Brown v. Wittner, 43 App. Div. 135; Morrissey v. Smith, 67 App. Div. 189; Lee v. Ingraham, 106 App. Div. 167; Leshinsky v. Cohen, 262…