Appellate Division of the Supreme Court of New York, 1908

McCarthy v. Union-Sun Co.

McCarthy v. Union-Sun Co.
Appellate Division of the Supreme Court of New York · Decided January 15, 1908
123 A.D. 912
McCarthy v. Union-Sun Co.

Opinion of the Court

Judgment and order reversed and new trial ordered,-' with costs to. appellant to abide the -event. Held, that the finding of the jury that the defendant was guilty of negligence and that the plaintiff was free from contributory negligence was contrary to and against tlis weight of the evidence. ' All concurred, except Spring and Kruse,. JJ., who dissented and voted.for affirmance.

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