Appellate Division of the Supreme Court of New York, 1912

Bonito v. H. E. Taylor & Co.

Bonito v. H. E. Taylor & Co.
Appellate Division of the Supreme Court of New York · Decided May 15, 1912
150 A.D. 917; 135 N.Y.S. 742
Bonito v. H. E. Taylor & Co.

Opinion of the Court

Per Curiam :

We think that the question of contributory negligence was properly submitted to the jury; and that the court was not justified in setting aside the verdict upon the ground that the finding that the deceased was free from contributory negligence was not sustained by the evidence. The order should be reversed, with costs, and the verdict reinstated. Present—Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ.; Scott and Dowling, JJ., dissented. Order reversed, with costs, and verdict reinstated.

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