Margaret Lee, as Administratrix of the Estate of James Lee, Deceased, Appellant v. City Brewing Corporation, Respondent

Summary

The New York Court of Appeals reversed the Appellate Division and affirmed the trial jury's verdict, holding that there was no matter of law establishing the deceased's contributory negligence and that the truck driver was negligent and the sole proximate cause of the accident. The court emphasized that the burden of proving contributory negligence rests on the defendant and that the evidence presented raised factual questions for the jury, not legal conclusions.