Hargraves v. Agway Petroleum Corp.

Judgment unanimously reversed, on the law and facts,

and new trial granted, with costs to abide the event. Memorandum: Plaintiff appeals from a jury verdict of no cause for action and a dismissal of her complaint in which she seeks damages for the destruction of her home by fire which she claims resulted from defendant-respondent Agway Petroleum Corporation’s (Agway) negligence. She urges that the trial court committed reversible error in submitting the issue of contributory negligence to the jury and in denying her motion for a directed verdict. Defendant Agway exclusively serviced…