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DOROTHY CLARKE, as Administratrix of the Estate of GEORGE P. CLARKE, Deceased., Appellant, v. CITY OF NEW YORK, Respondent.

Judgments reversed and a new trial granted, with costs to abide the event upon the ground that the record presents questions of fact as to negligence and contributory negligence; no opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND and DYE, JJ. Taking no part: THACHER, J. MEDALIE, J., deceased.

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CLARKE v. CITY OF NEW YORK
(Apr 18, 1946)