Di Napoli v. Long Island Railroad

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered December 1, 1975, in favor of defendant, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case, at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No fact findings were presented for review. In our opinion the issue whether plaintiff was contributorily negligent presented a question of fact which should have been decided by the jury (cf. Delaney v Town of Orangetown, 44…